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The prosecutor's appeal is dismissed.
Reasons
1. The lower court found the Defendant not guilty on the ground that the part concerning the statement related to the Defendant among the copy of the protocol of suspect interrogation as to B was insufficient to recognize the facts charged in the instant case, on the grounds that the remaining evidence, such as investigation report (the confirmation of the fact of training the suspect scopulon in separate cases),
However, among the copies of the interrogation protocol as to B, the admissibility of evidence should be recognized in accordance with Article 314 of the Criminal Procedure Act, and the evidence submitted by the prosecutor, including the above evidence, is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. Article 314 of the Criminal Procedure Act, which provides an exception to the hearsay rule of the relevant legal principles, provides that a statement made at a preparatory hearing or outside a trial date shall be admitted as evidence only when it is proved that the person making the original statement or the person making the preparation is unable to make a statement on the preparatory hearing or the trial date due to death, disease, foreign residence, unknown whereabouts, or any other similar cause or event corresponding thereto, and thus strictly limits the scope of admissibility to the minimum necessary extent.
Therefore, if a prosecutor submits a statement at a preparatory hearing or at a time other than the trial date as evidence of guilt, the court must first require the prosecutor to prove the circumstances that were conducted under particularly reliable circumstances, and if it is deemed that the prosecutor satisfies the requirements, it can be considered as the object of examination of evidence.
At this time, the degree of proof required is beyond the extent of simply ensuring the legitimacy and arbitrability of the statement in light of the specific circumstances and circumstances of the statement.