성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The defendant is innocent. The summary of this judgment shall be notified publicly.
On April 20, 2015, at around 03:51 on April 20, 2015, the Defendant intruded into public toilets with a view to meeting his/her sexual desire, such as hearing sound considered to be melted by the victim, in the third female toilets of the building of the building of the Nam-gu Incheon Metropolitan City, and the use of the building D (n, 27 years of age).
However, the fact that the defendant and his defense counsel entered a female toilet as stated in the facts charged is recognized, and at the time, whether the defendant had "the purpose to satisfy his own sexual desire" in Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
First, comprehensively taking account of the witness D’s legal statement and D’s damage statement, it is judged that the Defendant opened a door on the side of the partitions where D was entering, and that there was a considerable doubt that the Defendant did not intrude into female toilets for the purpose of meeting his sexual desire, such as hearing sound from the side partitions.
However, even if there is doubt of guilt against the defendant, if the facts charged are not proven to be true enough to the extent that there is no reasonable doubt, it should be judged as the interests of the defendant.
Comprehensively taking account of the materials submitted by the Defendant and the witness E’s testimony, the Defendant was unable to engage in words or actions for several years (E statement, psychological evaluation report, children’s health record card) due to repeated symptoms (E statement, psychological evaluation report, and children’s health record card), as a result of a doctor’s medical examination and treatment on May 6, 2009, when the Defendant was 16 years of age and was diagnosed as a complex small and medium-scale small and medium-scale health care (medical certificate), and around September 9, 201, when 18 years of age were 18 years of age.
(Written Decision on Disability Ratings). The Defendant continued to be aware of his consciousness in a timely manner until 2014, and the Defendant’s words or actions, even after his consciousness was returned, shall not properly memory his speech or actions while he lost his consciousness.
(A) A copy of a medical record. The defendant's foregoing livers.