The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (misunderstanding of facts) can be acknowledged that the Defendant destroyed the entrance door of the instant case as shown in the facts charged.

Therefore, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

A. In light of the Defendant’s behavior, etc. at the time of the instant case, the lower court rendered a judgment that acquitted the Defendant on the ground that the Defendant was not guilty of not destroying the Kapet door as stated in the instant charges, even if the Defendant’s testimony was examined by witnesses’ legal testimony, etc., the lower court determined that the Kapet door of this case was the mother and the Defendant did not have any other evidence to acknowledge it.

B. 1) In a criminal identification procedure based on the appearance, etc. of the suspect, etc. of the relevant legal doctrine, requiring a witness to identify the suspect by himself/herself or by presenting only one photograph of the suspect to the witness, barring any additional circumstances, such as the victim's statement and other circumstances where the suspect had been aware of the suspect, as well as the victim's statement, the credibility of the witness's statement in the criminal identification procedure is low unless there are additional circumstances, such as the victim's statement and other circumstances where the suspect had been aware of the suspect as the offender, in addition to the victim's statement, if there are some other circumstances to suspect the suspect as the offender.

must be viewed.

In this regard, in order to enhance the credibility of a witness's statement in the criminal identification procedure, the witness's statement or description is recorded in advance in detail, and the witness's statement or description is similar to the suspect, including the suspect.