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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On June 1, 2017, the Defendant found that he was under influence of alcohol in the residence of D, the former wife who was divorced in Busan-gun C, Busan-gun, around 22:00 on June 1, 201, and was in the ward.
D, E, and F volumeed “a person who causes drinking,” and they f volumeed the disturbance, and discovered E’s female friendly flicker G (n, 35 years old) (n, 35 years old), which is bound by the victim’s breast-child flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s
2. At the time of the instant case, the Defendant asserted that he visited the house of the former wife D, and that there was D and F in the dwelling room, and that there was E and the victim in the inner room, and that there was only the fact that the Defendant told F and the victim “hinger” after a year, and that he did not enter the inner room, and that he did not immediately returned from the mother H of the head of the child who arrived at immediately and returned home, and that he did not commit an indecent act against the victim.
3. Determination
A. The Criminal Procedure Act is based on the principle of due process stipulated in Article 12(1) of the Constitution, and the basic principle of oral pleading, oral pleading, and direct deliberation in order to realize the right to a fair trial guaranteed by Article 27 of the Constitution.
Therefore, a statement that is not made before a judge is not made and the defendant is not given an opportunity to cross-examine the witness who is able to attack or defend him/her, in principle, cannot be admitted as evidence.
In light of this, it is only permissible to recognize the admissibility of evidence under certain conditions with regard to written evidence such as the protocol prepared by the Criminal Procedure Act in the investigative agency, considering the ideology of discovery of substantive truth and the request for the economy of litigation.