The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) and F’s statement in the original court are deemed admissible when it is proved that all the Defendant’s statement was made in a particularly reliable state. D, at the time of investigating the Defendant, notified the Defendant at the time of investigating the Defendant that the Defendant had the right to refuse to make a statement, the right to appoint a counsel, the right to counsel, and the right to counsel. D, at the time of investigating the Defendant, stated that the Defendant did not make intimidation or coercion in the course of investigating the Defendant, and F, made the statement that the Defendant committed a crime from the Defendant immediately after the crime was committed, and that the Defendant’s statement was committed under a particularly reliable relationship with the Defendant at the time of making the statement. Thus, the part of D and F’s statement that the Defendant’s statement contents are admissible.

Furthermore, in full view of other evidence submitted by the prosecutor in each of the above statements, the fact that the defendant committed the crime of this case can be sufficiently recognized.

2. Determination

A. In principle, the protocol containing the so-called hearsay statement or the hearsay statement is inadmissible in accordance with the provisions of Article 310-2 of the Criminal Procedure Act.

However, in case where a statement made by a person other than the defendant (including a person who examined the defendant as a suspect before the institution of public prosecution or who was involved in such investigation) at a preparatory hearing or during a public trial contains a statement of the defendant, such statement may be admitted as evidence only when it was made under particularly reliable circumstances pursuant to Article 316 (1) of the Criminal Procedure Act.

Here, the phrase “when the statement was made under particularly reliable circumstances” has little room for false intervention in the fact that the statement was made, and the contents of the statement are written.