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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) is highly likely that the victim had closed the door at the time when the house was located, and even if the victim went to close the door, opening the door even if the victim did not open the door, it would be anticipated to open the door even if it was done, and in light of the fact that the victim stated that the victim was “the victim opened the door to Eskky” at the site, there was a commencement of the crime of intrusion upon residence.
must be viewed.
Nevertheless, the judgment of the court below which judged that it is not sufficient to recognize the defendant's specific commencement of execution is erroneous by mistake of facts and violation of law, which affected the judgment.
2. Determination
A. In a criminal identification procedure based on the appearance, etc. of the suspect's appearance, etc. of the relevant legal doctrine, allowing a witness to cross-examine the suspect alone or to present only one photograph of the suspect to the witness and confirm the suspect's identity, due to the limitation and inaccuracy of human memory and the possibility that the suspect or a person in his/her photograph may give him/her anless cancer that the suspect is suspected of being a criminal under such a method, unless there are any additional circumstances such as the victim's statement that the suspect had been aware of the suspect in the previous criminal identification procedure, other than the victim's statement, there is no other circumstance to suspect the suspect as the criminal.
Therefore, in order to enhance the credibility of a witness's statement in the criminal identification process, the statement or description of the witness's witness's appearance, etc. should be recorded in advance in detail, and the suspect, including the suspect, should be identified at the same time with the witness, and the suspect, witness, and the comparable person should not be contacted in advance.