The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The police statement of the victim I in the misapprehension of the legal principle is not proven by the victim’s statement, but is not proven by the victim’s statement. However, since the victim’s whereabouts is unknown and each of the above statements was made under particularly reliable circumstances, admissibility of evidence should be recognized in accordance with Article 314 of the Criminal Procedure

Nevertheless, the court below rejected the admissibility of evidence, which erred by misapprehending the legal principles on admissibility of evidence.

B. According to the statements of the victim I of mistake of facts and CCTV images, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged of this case, although the defendant was found to have committed an act jointly with the victim's head and sustained bodily injury in the course of committing a crime, the evidence submitted by the prosecutor alone was insufficient to find the facts charged.

2. Determination

A. As to the assertion of misapprehension of the legal principles, if a person who requires a statement at a preparatory hearing or on the trial date is unable to make a statement due to death, disease, unknown whereabouts in a foreign country or any other similar cause, the protocol may be admitted as evidence, only when it is proved that the statement was made under particularly reliable circumstances.

(1) Article 314 of the Criminal Procedure Act provides that “When a statement or preparation has been made under particularly reliable circumstances” refers to cases where there is little room for false entry in the preparation of the content of the statement or the protocol or the document, and specific and external circumstances exist to guarantee the credibility or voluntariness of the content 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 the whereabouts of a witness, etc., the admissibility of the evidence of the statement or the written statement made by the witness is recognized, such as the statement of witness, etc. under Article 312 or 313 of the Criminal Procedure Act.