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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The police protocol and written statement of interrogation of suspect against the Defendants regarding admissibility of evidence was prepared in an unlawful detention.
shall not be deemed to exist.
The protocol and statement concerning the interrogation of suspects against the Defendants was prepared under the continued state of an involuntary hearing.
shall not be deemed to exist.
Since Q moved to a foreign country, it is necessary to grant admissibility of evidence to the written statement of interrogation of Q in accordance with Article 314 of the Criminal Procedure Act.
Joint Defendant M, N,O, reference witness Y, AB, and AA made a statement that corresponds to the facts charged by the police and the prosecution, but the failure to verify the authenticity of the statement was erroneous in the deliberation failure.
B. Each protocol of examination of the witness of each case subject to review of probative value and each appellate court, each protocol of trial in each court of final appeal and each protocol of trial in each court of final appeal on AA, AB, Y, etc. include statements directly related to the facts charged, such as the Defendants’ experience, relationship, and the date, time, place, etc. of the Defendants’ delivery. As such,
2. Determination
A. 1) As to admissibility of evidence, the lower court determined that the remaining evidence, among the evidence submitted by the prosecutor, is inadmissible, except for the case subject to review, the appellate court, the trial records of each court of final appeal, the examination records of witnesses, the seizure records, each seizure records, and the fact-finding investigation records.
Specific reasons for judgment are as follows.
① Since each protocol and written statement of the police interrogation against the Defendants are illegally collected evidence, there is no voluntary gender, and the Defendants denies the contents thereof in the original trial, it is inadmissible as evidence.
② Each protocol and written statement of interrogation of the Defendants against the Defendants was made to the effect that the Defendants were equally led to the loss of anti-sexual intercourse in Seoul Special Metropolitan City and the illegal detention, etc. committed by the Central Information Department prior to the time of investigation by the prosecution.