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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. From the violation of the Act on the Safety Management of Firearms, Intimidation, Swords, Explosives, Etc., the Defendant consented to the victim B’s written statement and statement. The prosecutor confirmed the victim’s departure from China on August 18, 2016, and filed an application for fact inquiry with the lower court for the summons of the witness and the application of Article 314 of the Criminal Procedure Act.
The examination of the victim is an essential procedure for the substantive judgment of the case, and even though the victim consistently and clearly stated to the effect that he was subject to intimidation and confinement from the defendant by the investigation agency, the court below dismissed all the applications for the witness, the above statement and the statement of statement, and the fact inquiry, and judged that there was no proof of crime, the court below erred by misapprehending the facts.
B. Although the portion of the mother's gun possession among the violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. is very similar to that of the mother's gun manufactured in metal, the judgment of the court below that there was no proof of a crime without a separate explanation, the court below erred by misapprehending the legal principles.
2. Determination
A. In order to recognize admissibility of evidence pursuant to Article 314 of the Criminal Procedure Act even though a document stating a statement by a person other than the defendant, such as a statement of a witness, etc., among violations of the Act on the Safety Management of Firearms, Illegal Confinement, Firearms, Swords, Explosives, Etc., was not proven by the statement made in the courtroom by the person who made the statement, the document constitutes a case where the person who made the statement is unable to be present and make a statement in the public judgment due to death, disease, foreign residence, unknown whereabouts, and other similar reasons, and the preparation of the document was made in a particularly reliable state.
Here, “foreign residence” means a person who requires a statement.