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(영문) 인천지방법원 2014.06.13 2014노570
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) did not inflict any injury upon the victim E.

2. Determination

A. Pursuant to Article 314 of the Criminal Procedure Act, the court below adopted the entry of E in the interrogation protocol of prosecutor E in the interrogation protocol of prosecutor E in the interrogation protocol of prosecutor E, the interrogation protocol of judicial police officer E in the interrogation protocol of the defendant in the second interrogation protocol of the defendant in the second interrogation protocol of judicial police officer, and the entry of E in the written statement and the written statement of E in the written statement

In cases where the location of the person making the original statement or the person making the statement (hereinafter “person making the statement or the person making the statement”) is unknown, the admissibility of the statement or the written statement made by the witness is recognized. Article 312 or 313 of the Criminal Procedure Act provides that the admissibility may be recognized only when strict requirements are met, such as the right of cross-examination of the defendant or his/her defense counsel with respect to the written evidence, such as the statement of a witness, etc., under Article 312 or 313 of the Criminal Procedure Act, so that the admissibility of the evidence can be granted without any opportunity to cross-examine the person making the original statement or the person making the statement. In such a case, the “certification of the fact that the statement or the written statement of a witness was made in a particularly reliable state” should

(Supreme Court Decision 2013Do12652 Decided February 21, 2014). The record reveals that E assaulted the Defendant on March 3, 2012, and arrested him/her as a flagrant offender, and then arrested him/her in the same month.

5. A complaint against the defendant was filed by the defendant to be investigated by the defendant, and the statement of the above interrogation protocol and the statement of the complaint are not in accord with the statement of the defendant or witness F, and the mother of the defendant or witness E at the court below, N or Don M is five times.

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