The defendant's appeal is dismissed.

1. The judgment of the court below which found the defendant guilty in spite of the fact that the defendant did not assault the victim D, was erroneous and adversely affected the conclusion of the judgment.

2. Determination

A. As to the assertion, such as the consent of the court of first instance, the defense counsel agrees to the written evidence No. 1D among the evidence presented by the court below on the date of the court of first instance, and the written evidence No. 2 E concerning the evidence No. 1D among the evidence presented by the court below on the date of the court of first instance, and stated that he denies the content of the protocol of examination of evidence prepared by the judicial police assistant concerning the defendant No. 5 of the evidence No. 5 of the court below on the examination of evidence prepared by the court of first instance

The declaration of consent to evidence under Article 318 of the Criminal Procedure Act may be withdrawn or withdrawn only before the completion of the examination of evidence, and once the examination of evidence is completed, the admissibility of evidence already acquired prior to the revocation or withdrawal is not lost (see, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004). Even if the contents of the interrogation protocol prepared by a judicial police officer are set aside after the completion of the examination of evidence, even though it is denied by reversal of the first statement recognized by the contents after the examination of evidence was completed, the admissibility of evidence of the already recognized protocol by the declaration of consent to reverse

According to the records of this case, the defendant consented to each written statement of the above D and E during the first trial of the court below, and there is no trace that the above written consent was revoked or withdrawn before the examination of evidence was completed. Thus, the defendant's consent at the court below cannot be revoked at the trial of the appellate court, and even if the appellate court consented to the admissibility of evidence, it is legitimate.