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The defendant shall be innocent.
Reasons
1. At around 13:10 on February 10, 2012, the Defendant: (a) made a false statement in the Dobong-gu Seoul Metropolitan Government on the facts charged that “Around February 10, 2012, the Defendant left the victim D’s Dobongdong Welfare Center because he/she may escape from the Dobongdong Welfare Center; and (b) he/she may only enter the Dobongdong Welfare Center; and thus, he/she should be deducted from the Dobongdong Welfare Center.”
However, even if the defendant has received a counter-competence from the victim, he did not intend to return it later.
After all, the Defendant, as seen above, was informed of the victim by deceiving the victim, and received one gold-half of the market price of KRW 700,000 from the victim.
2. Determination
A. In the criminal identification procedure based on the appearance, etc. of the suspect, the fact that the suspect alone assumes the suspect as a witness or presents only one photograph of the suspect to the witness to confirm the suspect is due to the limitation and inaccuracy of human memory, the possibility that the suspect or a person on his/her photograph is suspected of being a criminal under the specific circumstances of the suspect's identity, the statement of the witness in the criminal identification procedure by such a method may be made to the witness, and there are other circumstances to suspect the suspect as a criminal in addition to the victim's statement, even if the suspect had previously been aware of the suspect, or if he/she had been aware of the victim's identity, other circumstances exist.
Unless there are any additional circumstances, such as whether it is required or not, it shall be deemed that the credibility thereof is low.
In this regard, in order to enhance the credibility of a witness's statement in the criminal identification procedure, the statement or description of the witness's witness's appearance, etc. should be recorded in detail in advance, and the suspect, including the suspect, should be identified at the same time by facing the witness, and the suspect, witness, and compared persons should not be contacted in advance, and the value of evidence should be assessed after the fact.