The appeal is dismissed.

The grounds of appeal are examined.

1. In order to use the protocol under Article 312 of the Criminal Procedure Act in the protocol under Article 314 of the same Act or the statement, documents, etc. under Article 313 of the same Act as evidence, a person who is required to make a statement is unable to attend the public trial and make a statement in the public trial due to his/her death, unknown whereabouts in a foreign country or any other similar cause, and it is proved that the preparation of the statement or documents has been made under particularly reliable circumstances, two requirements shall be satisfied;

The first requirement is not sufficient to say that a person obliged to make a statement is simply residing in a foreign country.

In order for a person to be present in a public trial due to foreign residence to constitute a case in which a statement is unable to be made, the investigative agency’s hearing of the statement in the course of the investigation shall confirm the foreign residence and the possibility of future departure. If it is probable that the person who has made the statement will be present in the public trial in the future due to the circumstances such as his/her residence in a foreign country or departing from the near future and staying in a foreign country for a long time, it shall be confirmed in advance the contact address of the person who has made the statement, the time of temporary return, the place of stay and contact method, etc. when he/she comes home, and shall, if there is a possibility that the person who has to make the statement may not be present in the public trial, have the person who has made the statement appear in the public trial and shall be sufficiently provided with the opportunity to make the statement by obtaining a temporary return to Korea under the situation of the public trial even after departure from Korea, taking all other measures to make the statement in the public trial and taking considerable measures, etc. (see Supreme Court Decision 2015Do1515, Feb. 18, 2015).