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The defendant shall be innocent.
Reasons
1. On December 13, 2013, the summary of the facts charged in the instant case: (a) around December 13:35, 2013, the Defendant: (b) taken the victim’s body part of the victim’s cell phone, which was located in the Defendant’s cell line located in the Kameras in the toilet of Taecheon-dong, Seocheon-dong, Busan, Busan, out of his clothes in the uricheon-dong, and taken the victim’s cell phone, which is located in the Defendant’s cell line, against his will.
2. Determination:
A. The police interrogation protocol against the defendant cannot be used as direct evidence of crime since the defendant denies the contents in this court.
B. According to the statements made by the victim in this court and investigative agency, 112 report processing table, ctv photographs, etc., the victim witness the defendant at the entrance of the toilet, and the fact that the defendant followed the victim and entered the toilet, that the victim had a cell phone stored a cell phone in the front space, and that the victim had a witness to photograph the victim by inserting the cell phone in the narrow space. When the victim opened the toilet door, the fact that the victim showed a witness to the rear habits of the defendant when he got out of the toilet door.
However, even according to the above evidence, it seems that there was a person other than the defendant and the victim in the toilet at the time, and it is unclear whether the defendant entered the side of the toilet where the victim entered.
On the other hand, according to the results of digital evaluation of the seized defendant's cell phone No. 1, there was no photographic picture taken of the body, body, body, etc. of male or female as a result of restoration of the defendant's cell phone.
(D) If the photograph taken by the defendant in accordance with the protocol of interrogation of the police which was submitted as nuclear evidence was deleted from the place, the photograph should be restored. The prosecutor separated the appearance of the defendant's cell phone, which was attached to the cell phone, from the time of seizure.