The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

The court below acknowledged admissibility of the above protocol pursuant to Article 314 of the Criminal Procedure Act, and recognized the defendant's liability of indecent act by compulsion based on evidence submitted by the prosecutor including the above protocol, although the police statement concerning D (tentative name) does not fall under cases where the person making the original statement is unknown or it is not possible to make a statement on the court date due to other reasons corresponding thereto. Such judgment of the court below is erroneous

2. Determination

A. 1) When a person who needs to make a statement at a preparatory hearing or on a trial date of the relevant legal doctrine is unable to make a statement due to death, illness, foreign residence, unknown whereabouts, 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 (Article 314 of the Criminal Procedure Act); and “when the statement or the preparation was made under particularly reliable circumstances” refers to cases where there is little room for false entry into the contents of the statement or the preparation of the protocol or documents, and where there is any specific and external circumstance that ensures credibility or voluntariness of the contents 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 missing in a witness’s whereabouts, etc., recognizing the admissibility of the statement or the written statement made by the witness is again acknowledged as an exception to the witness’s right to cross-examination, etc.