성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The defendant shall be innocent.
1. On July 1, 2015, around 02:03 to 02:05, the Defendant discovered victims E (n, 25 years old) entering “D Park” female public toilets located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and opened the first column of the above public toilets, followed the change of the address, and laid down the fright in the second column in order to see the balle in the second column.
Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.
2. The defendant and his defense counsel asserts that the defendant did not have access to a "D Park" female public toilet at the time stated in the facts charged.
As evidence corresponding to the facts charged in this case, the F, G's investigative agencies and this court has made each statement.
However, in light of the following circumstances, it is difficult to believe it as it is, and the evidence submitted by the prosecutor, including the statement of E, that the defendant entered a "D Park" female public toilet.
The recognition is insufficient, and there is no other evidence to prove it.
A. F, G, the Defendant appeared at the nearest distance from female toilets in the park and going to the direction of the exit of the park. After the passage of time, the Defendant appeared on the f, G, and the Defendant reported again to the police by putting the Defendant on the park to the park.
was stated.
In this regard, F, G seems to have observed the offender in the process of running or quickly walking female toilets, and it was difficult to keep the offender in the process of dialogueing several minutes after the witness.
At the same time, it is not easy to memory the appearance of a criminal who has been observed in a timely manner during one night, and it is also difficult to judge the defendant outside of the park by F and G.