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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s punishment is too unreasonable.
B. The facts charged by the court below of the second instance, which judged otherwise on the ground that the defendant was identified as an offender and was sufficiently recognized by evidence, is erroneous in the misunderstanding of facts.
2. Determination
A. In full view of the judgment on the grounds of appeal by the Defendant, the first instance court’s punishment is too unreasonable, taking account of all the sentencing conditions and the same kind of criminal records shown in the records and pleadings of the instant case.
B. The following facts are acknowledged in full view of the evidence duly admitted and examined by the prosecutor’s judgment as to the grounds for appeal (1) in the second instance and the trial of the court of appeal.
① On February 10, 2012, the date of the instant case, the victim D stated as follows: “The victim was investigated by the police first on February 10, 2012, and stated as follows: “The height of the offender was approximately KRW 175 cm in height, face shape, face face shape, ear cap, and he was unable to be seen as being well-known by wearing an ear cap, color color, and test color.”
As a result, the key of the defendant in this court remains approximately 165 cm, and face-type is dunes.
② After receiving a report of damage from D, M is memoryed in the form in which the Defendant was written with a mother similar to the mother and child written by the Defendant, so that D is likely to be an offender before the Defendant was identified as the offender, and the police officer conducted search and investigation by deeming that it is possible for the Defendant to be an offender, and when the Defendant was found to be in the welfare center of Dobong-gu Office, the police officer changed the phone when the Defendant was found to be in the welfare center of Dobong-gu, and displayed the Defendant’s photograph held by D.
③ The Defendant was identified as the instant offender among several senior citizens living together with M et al. police officers, going to the Dobong Senior Welfare Center.
(4) D is not accurate since the cross-examination of the Defendant.
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