beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is the person who operates a public bath.
On May 26, 2014, at around 05:00, the Defendant entered a bath room located in the D located in Gwangju Northern-gu, Gwangju, and the victim E (e.g., women, 34 years of age) sees the appearance of the shower in front of the shower box, and intrudes into a bath room located in a public place for the purpose of meeting his sexual desire.
2. In the judgment criminal procedure, evidence of criminal facts must be presented by the prosecutor, and criminal facts must be proven by the judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, there is a doubt of guilt against the defendant even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
First of all, the victim saw himself who saw a shower in his body through the glass of the entrance door closed by the defendant in the investigative agency and this court. At the time, the defendant stated that she returned her body while she went through, and she saw her eye, and she saw her eye with the defendant.
In addition, the defendant's uniform is also accurately described on the date it is argued that the victim suffered damage.
However, according to the investigation report (D internal photo attachment) and D bath internal structure, the victim's statement that the entrance door and the upper upper part of the entrance door and the lower part of the wall are lucent glass, and that the distance from the entrance door to the place where the victim saw the shower is 10 meters can be recognized. However, it is difficult to understand that the victim's statement that the victim's appearance outside the door of 10 meters away from the entrance of the public bath where there are many water or steams clearly identified the face of the person.
When opening an entrance even by viewing the 105 photographs of the actual evidence record, it is possible for a person who is well seen to open the entrance.