The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, such as field photographs and the 112 Report Processing Manual, the summary of the grounds for appeal (misunderstanding of facts) is admissible pursuant to Article 314 of the Criminal Procedure Act, and the evidence submitted by the prosecutor, the Defendant can acknowledge the fact that the Defendant obscenity was conducted as recorded in the facts charged.

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 provides that the formation of a conviction against the substance of a case shall be conducted through the examination of evidence in which the cross-examination of the original evidence is guaranteed in the presence of a judge in order to realize the principle of due process required by the Constitution in a criminal procedure, and the principle of direct deliberation and the principle of professional law is adopted, but in special circumstances where the aforementioned principle cannot be fulfilled due to the death of a person who made the original statement, etc., "when it is proved that the statement or preparation was made under particularly reliable circumstances" (i.e., when there is little room for false intervention in the preparation of the contents of the statement or the protocol or the document, and the purport of allowing admissibility of evidence is exceptionally acknowledged only when the specific and external circumstances that guarantee credibility or voluntar

Therefore, in order to recognize admissibility of evidence pursuant to Article 314 of the Criminal Procedure Act, it is insufficient that the court simply does not seem to have obvious procedural errors in the process of preparing the relevant statement or protocol, or there are no specific circumstances to suspect the voluntariness of the statement. Furthermore, there are specific and external circumstances that make it possible for the court to sufficiently secure the credibility and voluntariness of the statement even without going through cross-examination, and thus, the court forms a conviction based on such specific and external circumstances.