All appeals are dismissed.

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. On the ground that Article 312 of the Criminal Procedure Act provides, “A protocol in which a prosecutor made a statement of a suspect who became a defendant is prepared in accordance with lawful procedures and methods, and contains the same contents as the defendant stated, it may be admitted as evidence only when it is proved that the statement recorded in the protocol was made in a preparatory hearing or on the trial date, and that it was made in a particularly reliable state,” and that the substantial authenticity that the contents of the protocol are written as the defendant stated in the original statement may be admitted as evidence can be admitted.”

At the same time, such substantial authenticity is recognized only by the defendant's statement at a preparatory hearing or on a trial date.

However, Paragraph 2 provides that “Where the accused denies the authenticity of the formation of the protocol, notwithstanding paragraph 1, the statement recorded in the protocol may be admitted as evidence only when it is proved by video-recording objects or other objective means that the statement recorded in the protocol is the same as the Defendant stated, and it is proved that the statement recorded in the protocol was made in a particularly reliable state, it may be admitted as evidence.” In addition to the Defendant’s statement, there is room to acknowledge the substantial authenticity by video-recording objects or other objective methods in addition to the Defendant’s statement.

In the case of video recording as a way to prove the actual authenticity of the Criminal Procedure Act, the Criminal Procedure Act and the Regulation on Criminal Procedure provides strict procedures, methods, procedures, etc. for video recording (Article 244-2 of the Criminal Procedure Act and Article 134-2(3), (4), and (5) of the Regulation on Criminal Procedure).