The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

Article 318(1) of the Criminal Procedure Act provides that "The documents or articles on which the prosecutor and the defendant agree may be admitted as evidence may be admitted as evidence when deemed genuine."

In addition, except where the protocol of trial is clearly clerical error, it is absolute that the document recorded in the protocol of trial is proved only by the protocol, and its probative value is not allowed by any material other than the protocol of trial. Thus, in cases where the defendant's opinion on whether consent or appeal has been made with respect to the evidence submitted by the prosecutor is recorded in the protocol of evidence, the entry in the protocol of evidence is absolute probative value unless it is a part of the protocol of the trial unless it is clearly clerical error (see, e.g., Supreme Court Decisions 2011Do6164, Jul. 28, 2011; 2012Do2496, May 10, 2012). Examining the foregoing legal provisions and legal principles, it is reasonable to reverse all of the evidence that the defendant consented to the admissibility of evidence during the trial of the first instance court after being admitted as evidence by the prosecutor.

Nevertheless, the court below determined that the above evidence is inadmissible on the ground that it did not meet the requirements of Article 314 of the Criminal Procedure Act. In so doing, the court below erred by misapprehending the legal principles as to the consent of evidence and the probative value of the evidence list, which affected the conclusion of

Meanwhile, the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the entire judgment of the court below, but the appeal or appellate brief.