The prosecutor's appeal is dismissed.

1. In light of the victim’s situation in the gist of the grounds for appeal, the defendant’s written statement of the police officer against the victim and the defendant’s admissibility is recognized under Article 314 of the Criminal Procedure Act, and in addition to C and D’s statements, the facts charged in this case can be found guilty. However, the court below dismissed the above evidence as it has no admissibility and acquitted the facts charged in this case

2. Determination

A. “When the statement or preparation is made under particularly reliable circumstances” under Articles 314 and 316(2) of the Criminal Procedure Act refers to cases where there is little room for false entry into the contents of the statement or the preparation of the protocol or documents concerned, and there is a specific and external circumstance to guarantee the credibility or voluntariness of the contents of the statement (see, e.g., Supreme Court Decision 2005Do9561, Apr. 14, 2006). Furthermore, in cases where Article 314 of the Criminal Procedure Act is unknown where a witness’s whereabouts is unknown, it is recognized as admissibility of the statement or the written statement made by the witness. As such, the Criminal Procedure Act Article 312 or 313 recognizes exceptions to the basic principles, such as the principle of direct examination, by allowing the admissibility of evidence only when meeting strict requirements, such as the right of cross-examination of the defendant or his defense counsel, thereby allowing the admissibility of evidence to be admitted, and thus, it is difficult to exclude the admissibility of evidence of the statement or written statement from credibility.

Supreme Court Decision 2013Do12652 Decided February 21, 2014 and Supreme Court Decision 2012Do725 Decided April 30, 2014