The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around February 19, 2017, the Defendant: (a) opened a public bath room in Yongsan-gu Seoul Metropolitan Government 103 Victims D (V, 31 years of age) and invaded upon the victim’s residence by keeping his/her head confidential.

2. The Defendant did not commit any act indicated in the facts charged

set aside.

The conclusive evidence to acknowledge the facts charged of this case is the statement of the victim that the defendant is the offender, and the credibility thereof is examined.

In the criminal identification procedure based on the appearance, etc. of the suspect's appearance, etc., requiring a witness to identify the suspect by alone or presenting only one photograph of the suspect to the witness when he/she presents the suspect. The witness's statement in the criminal identification procedure according to such a method is not reliable unless there are any additional circumstances such as the victim's statement that a person who has been aware of the suspect before and during the criminal identification procedure has other circumstances that could suspect him/her as a criminal, in addition to the victim's statement, the credibility of the witness's statement is low.

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 detail in advance in relation to the suspect's appearance, and the suspect, including the suspect, should be identified at the same time by facing the witness, and the suspect, witness, and the compared person should not be contacted in advance, and measures should be taken to make the process and result of the cross-examination so that the value of evidence can be assessed later in writing with letters, pictures, etc., and the criminal identification procedure at the time of photograph should also be conducted.