The case holding that it cannot be concluded that a defendant cannot be found guilty solely with an uncertain statement about the appearance, etc. of a criminal in the police of the victim of the damage from taxi robbery.

Although the appearance, etc. of the defendant is partly similar to the offender, it is difficult to readily conclude that the defendant is guilty solely on the victim's statement at the police station because it is not reliable because the victim's statement at an uncertain police station where the defendant was face-to-face after 80 days have passed since the crime

Articles 307 and 308 of the Criminal Procedure Act

Defendant

Defendant

Jeonju District Court (73 Gohap1) in the first instance trial

The judgment of the court below is reversed.

A defendant shall be punished by life imprisonment.

Of the facts charged by the prosecutor, the crime of robbery No. 1-1 is acquitted.

First, I examine the grounds for appeal by the defendant.

(1) Of the facts charged by the public prosecutor, the Defendant used Nonindicted Party 1’s 2 at around 20:25 on August 1972, 1972 for the purpose of forcibly taking money and valuables. At around 20:25, the Defendant used Nonindicted Party 1’s taxi driving from his front dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “Nonindicted Party 1”) for the purpose of using it. The Defendant asserted that he was guilty of the facts charged on the ground that it did not affect the judgment, and that the Defendant used it on the 1st century-do-dong-dong-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Thus, the defendant's statement on this case seems to be reliable when considering the circumstances of the defendant's statement. However, even if it is the only evidence to find the defendant guilty on this case, there is a statement in the police of the victim non-indicted 1 and in the court of first instance of the prosecution, it should be examined in detail about this.

피해자 공소외 1은 1972.8.23.자 경찰의 제1차 진술조서에서(이때는 피고인 미체포중) 본건 사고경위와 범인의 인상 착의의 진술이 있었다. 이때 범인의 인상에 관하여 키는 165센치 정도 나이는 25세 가량 머리는 길고 곱슬머리이며 올빽으로 넘겼고, 얼굴은 하관이 빨고 깨끗하며 몸집은 야윈편이고 서울말씨를 쓴다고 진술하고 있고, 피고인이 체포된 후인 1972.11.19.자 제2차 경찰서에서의 진술조서에서는 범인의 인상에 관하여 위 제1차 진술과 같이 진술한외 얼굴이 빼당빼당하고 해맑은 편이고 눈이 카풀지고 서울말씨를 억지로 사용한다고 하며, 경찰이 피고인을 대면시킨바 얼굴 말씨등으로 보아 피고인이 당시 범인임에 틀림없다고 진술하고 있어 경찰은 동 진술에 따라 피고인을 본건 범인으로 단정하고 수사를 한 것으로 보인다.

After December 28, 1972, according to the non-indicted 1 statement at the prosecutor's office of December 28, 1972, when the police face the defendant, voice, face, face, etc. were the same as the criminal, and the head of the defendant is short and definite.

In the same manner as at that time, the defendant stated that it cannot be readily determined that the defendant (the defendant) committed a crime, and the court of first instance does not make a clear investigation as to whether the defendant is a criminal at that time, but only establish the statement of witness in the investigative agency.

In light of the circumstances leading up to the victim non-indicted 1's statement, when the date and time of this crime was 8:00 p.m. 22 August 1972, 1972, the victim's statement was 8:0 p.m. and 17:34 p.m. 7:14 May 14 of the day was 197, and the victim's statement was 19:0 p.m., the victim's statement was 19:0 p.m. (the day was 19:12 p.m. and 17:34 p.m. on July 14 of the day was 197, and the victim's statement was f.m., the victim's statement was f., and it was difficult to find out the person's appearance accurately until 80 days passed after the crime was committed, and it is also difficult to conclude that the police defendant's statement was f.m., the defendant's credibility in the prosecutor's statement cannot be determined.

As above, the defendant denies the criminal facts of this case from the investigative agency to the trial of the court, and the defendant was found guilty only with the statement at the police station of the victim non-indicted 1 with no credibility of the case where non-indicted 2 proves the absence of the defendant. Thus, this issue has affected the conclusion of the judgment, since it is reasonable to discuss this issue.

Therefore, since the appeal by the defendant on this point is well-grounded, the judgment of the court below is omitted and the judgment of the court below is reversed.

Criminal facts

On March 22, 1966, the defendant was sentenced to imprisonment with prison labor for special robbery for the same offense in the application of the same support at the date and around September 1967, and one year and six months for five years and one year and six months, respectively, and was discharged from prison at the Cheongju prison on May 26, 1972 and three criminal offenders.

1. The purpose of accepting money and valuables;

(1) On September 13, 1972, around 21:15, the knife of the knife knife 1 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

(2) On November 18, 11:30 of the same year, in front of the southwest-gun Kim Jong-gun's land located in the same Dong-dong-dong-dong-dong-dong-dong (hereinafter omitted), Nonindicted 4 (28) gets on a taxi and return to the west-gun, Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, Kim Jong-gun, Kim Jong-gun (hereinafter referred to as "vehicle number omitted) for the first time. At around 13:30 of the same year, he stopped the knife-ker's knife in front of the knife in front of the knife-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

2. (1) At around 13:00 on May 13, 11 of the same year, at around 13:00, the local government got a check from the vice head at the time of the time when he was on the scambling train in Yongsan-gu, Seoul, and passed the scambling, 550 won in money from the Dong, who stated the following purport by making a false statement: (a) as if he did not have the intent or ability to repay to Non-Indicted 5 (year 24) residing on the side (hereinafter omitted) in the area of the prohibition of the use of the scambing of the scambling of the scambling of the scambal in spite of the intention or ability to repay to Non-Indicted 5 (year

(2) On October 10, 21:00 of the same month, at the school site located in Hagu-gun, Chungcheongnam-gun, in order to accompany Nonindicted 5 to Seoul, despite the absence of the intention to return the Seoul train at the school site located in Hagu-gun, Chungcheongnam-gun, Seoul, by promising to accompany Nonindicted 5 to the Seoul, “However, if you are in charge of the visibility and the resident registration certificate that is unsatisfying at the middle, you will return it to the Seoul,” and by receiving from the son, the amount equivalent to KRW 7,00,000, the market price of the women's neck-si (No. 3) is respectively.

each fact in the judgment above is examined as evidence.

1. A statement that meets part of the facts in the judgment of the first instance and the trial court of the defendant;

1. Each statement consistent with the facts stated in the court of first instance by the witness Nonindicted 4, 5, 6, and Nonindicted 7

1. Statement that corresponds to the facts in the protocol of suspect examination prepared by the public prosecutor;

1. Statement consistent with the judgment in the protocol of statement of Nonindicted 7, 5, and 4 of the preparation of handling affairs by the judicial police officer; and

1. Statement consistent with the facts stated in the judgment among the confessions made by the defendant;

1. Records of the results of verification consistent with the judgment from among the records of verification of the preparation of handling affairs;

1. The description of Nonindicted 3’s written diagnosis of death in Nonindicted 8’s preparation of Nonindicted 3, which corresponds to the cause and date of the death as indicated in the judgment

1. The statement that conforms to the division and degree of injury as indicated in the judgment among the written request for a reply to Nonindicted 4 in Nonindicted 9’s written request

1. Existing 8 points (No. 1,2,4 through 10) per knife knife (No. 1,2,4 through 10);

1. In full view of the statements that correspond to the previous records and part of the ruling among the criminal records notices given to the defendant by the Director General of the Public Security Bureau, there is sufficient proof.

On the other hand, the fact that robbery was committed in the judgment of the defendant in the light of the law is a robbery under Article 338 of the Criminal Code, Article 337 of the Criminal Code, Article 2-1 of the judgment, and Article 347 (1) of the same Act, and Article 347 (2) of the same Act, and Article 35 (2) of the same Act, as the fraud of robbery falls under Article 337 of the same Act and Article 347 (1) of the same Act, and Article 347 (1) of the same Act, and Article 35 (1) of the same Act shall apply to the crime of robbery and the crime of bodily injury by robbery, and Article 35 (1) of the same Act, and Article 35 (2) of the same Act shall apply to the defendant, since the crime of robbery is a concurrent crime under Article 37 of the same Act, and each repeated crime is a crime under Article 38 (1) 1 of the same Act and Article 50 of the same Act.

Of the facts charged by the prosecutor, Article 1-1 (1) of the Act on the Punishment, etc. of Robbery No. 325 of the Criminal Procedure Act provides that since there is no evidence of criminal facts like the reasons for reversal of the judgment below,

It is so decided as per Disposition with the above reasons.

Judges Kim Jae-ju (Presiding Judge)