2. Determination

A. The victim C appeared in the court of original instance, and testified to the effect that “The Defendant, along with the Defendant on the day of the instant case, withdrawn KRW 300,000 won in cash prior to singing, and after being calculated at singing rooms, the Defendant, together with the Defendant, stored the remaining cash of KRW 200,000,000,000 in cash remaining after purchasing alcoholic beverages and liquors in one’s house for a more drinking time,” and “the Defendant was out of the bar and drinked with a fright, and the Defendant was locked first, but the Defendant was unlocked, and the head was not dead, and only one head was responsible, and the remaining money was dead.”

B. The victim is relatively specific to memory the situation on the day of the instant case, and the victim’s statement is relatively clear and consistent from the investigative agency to the court below’s trial.

Furthermore, in light of the fact that the victim was placed in only one head after the shouldering, it seems highly unlikely that the victim lost cash of 200,000 won before arrival in the house with the defendant, or that the victim was invaded by a third party, such as the outside person, etc. on the day of this case.

On the other hand, while the Defendant stated to the effect that he drinks a taxi in the victim’s house and drinks a taxi in the vicinity of the Gwangju District on the day of the instant case, he only stated to the effect that he does not memory all of the circumstances after the victim’s house.

C. In light of these various circumstances, the victim's statement that corresponds to the facts charged in the instant case is deemed sufficiently reliable.

In the same purport, the court below determined that the victim's statement is reliable and therefore the victim's statement.