The defendant shall be innocent.

1. The summary of the facts charged Defendant A (the age of 45) married on or around December 2016 and Defendant B (the age of 18), and Defendant B started living together on or around June 13, 2018.

On October 24, 2018, at around 23:00, the Defendant: (a) brought a dispute with the victim’s home on the ground that the victim’s home does not enter well; and (b) brought an assault against the victim’s arms in his house on the ground that the victim’s home does not enter well.

2. Determination

A. There is a statement in B’s investigative agency as evidence that corresponds to the facts charged in the instant case.

First of all, I examine the statements in the investigation agency B.

Article 314 of the Criminal Procedure Act recognizes the admissibility of evidence only when it is proved that a person required to make a statement was made in a particularly reliable state in cases where the statement or preparation was made in an investigative agency due to death, disease, foreign residence, unknown whereabouts, or any other similar cause. “When the statement was made in a particularly reliable state” under Article 314(1) of the Criminal Procedure Act refers to cases where there is little room for false intervention in the fact that the person made the statement, and where there is a specific and external circumstance to guarantee the credibility or decentralization of the contents of the statement (see Supreme Court Decision 2011Do10926, Apr. 12, 2012). In addition, in cases where the whereabouts of a witness is unknown, it is recognized the admissibility of the statement or written statement made by the witness, which is made or prepared by him/her, by recognizing an exception to the basic principles, such as cross-examination of witness evidence under Article 312 or 313 of the Criminal Procedure Act, only when the requirements, such as the right of the defendant or defense counsel, are guaranteed.