공연음란
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the victim testified in the court of the court below after the occurrence of the case, and there is credibility of the victim's statement who designated the defendant as the criminal, considering the following: (a) the victim's testimony could be inconsistent with some statements due to the limitation of memory, etc.; (b) the victim's identity can not be viewed until the defendant's face-to-faceization by his/her face-to-faceping to another place; and (c) the defendant's wearing method could vary depending on the same Mack; and (d) the victim's statement and the appearance
I would like to say.
Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The lower court: (a) the statement written by D on the day of the instant case does not contain any description of the Defendant’s appearance; (b) the internal investigation report stating D’s statement, which entered D’s statement, entered the Defendant’s name in the color, t, and tamp with the Defendant’s name; and (c) worn an internal light and verification tamp with him.
In light of the facts indicated in the record, the time and location restrictions, etc. at the time and location restrictions, it appears that D could be difficult for D to see the offender in detail, and the police officer in charge of the occurrence of a disaster caused by the occurrence of a crime to hear D’s statements and to find a person similar to D, who was working in the next commercial building by taking clothes similar to those of D.
In light of the fact that the police officer's judgment was presented to D and it is possible for D to be affected by the preceding judgment, and that there was no procedure to face with D at the same time, even though the defendant strongly denied the crime after arrest, a number of persons who are similar to the appearance of the offender and the defendant, and the defendant, the statement made by D as the defendant by the investigative agency as the criminal does not comply with the principle of criminal identification procedure at all.