The defendant shall be innocent.

1. The Defendant, on January 29, 2013, carried the substance of the facts charged into a panion toilet located in the Dong-dong from around 21:01 to 21:50 on the same day, and intruded into a structure managed by the head of the panion station.

2. In the criminal identification procedure based on the appearance, etc. of the suspect, it is probable that the suspect or his/her photograph is suspected that the suspect is a criminal under the limit of human memory and inaccurate situations, and that the suspect or his/her photograph is suspected of being a criminal.

Therefore, there are other circumstances to suspect the suspect as the criminal in addition to the victim's statement, whether the suspect is a person who has previously been aware of the suspect in the criminal identification procedure.

In order to evaluate the credibility of a witness's statement in the criminal identification procedure, unless there are additional circumstances, such as the suspect's appearance, etc., it shall be deemed that the witness's statement or description is low, and in order to make the witness's statement or description high in advance be recorded in the criminal identification procedure, the suspect, including the suspect, shall be placed at the same time with several persons similar to the witness, and the suspect, witness, and comparable person shall not have any contact with the witness, the suspect, witness, and comparative person shall not be allowed to have any contact with the witness, and the process and result of the comparison shall be written in writing to evaluate the value of evidence after the fact, and the criminal identification procedure by presentation of photograph shall comply with these principles basically.

(See Supreme Court Decision 2007Do5201 Decided January 17, 2008). Reviewing the instant case, according to the evidence duly adopted and examined by this court, witness C and D are deemed to have been witness C and D on February 2013.