The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal consistently stated in the investigative agency that the victim was raped by the defendant and sustained bodily injury by facing the left side of the defendant. The victim has no obvious reason to make a false statement in order for the victim to be punished. The objective evidence, such as text messages sent and received by the defendant and the victim and the written diagnosis of injury to the victim, also conforms to the statement of the victim.

Nevertheless, the court below rendered a judgment not guilty of the facts charged in this case on the ground that each protocol in which the victim's statement was made cannot be deemed as having a real value that can serve as the basis for the correct formation of a documentary evidence by a judge. The court below erred by misunderstanding of facts.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the ground that: (a) there is no doubt as to credibility of each protocol containing the victim’s statement, which did not appear in court and cross-examination by the Defendant due to the victim’s foreign residence; and (b) there is no other relevant evidence supporting the credibility and probative value of the statement; and (c) it is insufficient to view that the facts charged were proven to the extent that there is no reasonable doubt by other evidence submitted by the prosecutor.

B. The admissibility of evidence under Article 314 of the Criminal Procedure Act is to be recognized where a person who made a statement by a person other than the defendant, such as a statement of reference for the trial of the political party, was unable to make a statement in the official ruling due to death, illness, foreign residence, unknown whereabouts, and other similar reasons, and the preparation of the document has been made under particularly reliable circumstances.

Here, the term “foreign residence” refers to a statement.