The defendant shall be innocent.

1. On April 5, 2018, at around 21:20, the Defendant came to a female toilet located on the fourth floor of the Sungnam-gu Subdivision B building B, Sungnam-si, with a view to resolving his sexual desire, and thereby cut off the shape of the victim C (M, 22) with a view to cutting off his sexual desire.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction shall be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010).

① On April 5, 2018, the Defendant: (a) around 21:10, at least 12 singing rooms located on the fourth floor of the building indicated in the facts charged; (b) whether he/she will have a toilet with a strawer E, who sees the mixed singing.

After speaking “I”, I enter a female toilet on the same floor as 21:13:54 on the same day while keeping belongings, such as a bags and cell phones, in 12 times.

At the time, it seems that there was no room for female toilets at the time, and the victim entered a female toilet at 21:15:36 on the same day after about 1:42 second of the time when the defendant was entered.

At the time of entry of the defendant, there seems to be no other woman in the toilet for women.