The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) Article 312(4) of the Criminal Procedure Act limits the subject of preparation of a statement protocol as a prosecutor or a judicial police officer.

Therefore, the victim C’s statement protocol prepared by the assistant judicial police officer on January 22, 2012 (hereinafter “the statement protocol of this case”) is inadmissible as it violates the law and is not admissible as evidence.

(2) Even though the preparing entity of the instant statement statement was not in violation of the statute, the instant statement statement is inadmissible on the ground that it was not present and that the special circumstances were not substantiated under Article 314 of the Criminal Procedure Act.

(3) The legal statement of the witness E at the lower court constitutes “where another person has made a statement about the facts of experience from the damaged person in the courtroom,” and its content concerning the facts charged in this case is inadmissible in accordance with Article 310-2 of the Criminal Procedure Act.

(4) The procedure for identifying the accused by a victim of less than 222 pages 22 of the investigation record falls under the so-called "crime identification procedure". An investigative agency may not use it as evidence because the victim's identity was conducted through an improper procedure by having the victim face-to-face face with pictures, and by having the victim's her son-child dialogue divide into “this son-child”.

B. In fact, the Defendant did not bring about one copy of the Nong AF CF card owned by the victim in the wall of the victim.

The defendant has not used excessive violence against the victim.

Nevertheless, the lower court erred by misapprehending the relevant facts based on the evidence without admissibility.

(c)

The punishment of the court below (10 years of imprisonment) against the illegal defendant in sentencing is too unreasonable.

2. Determination

A. (1) As to the assertion on admissibility of evidence, the statement of reference witness prepared by the assistant chief of the judicial police officer is in compliance with Articles 196(3) and (5) and 196 (Judicial Police Officers) of the Criminal Procedure Act. (3) Judicial Police Officers are under the direction of the prosecutor.