Man accused of theft acquitted after claiming he went to rooftop to defecate

A man in Taiwan accused of breaking into an apartment and stealing items was acquitted by a court, despite a prior record and suspicious behavior. The accused, identified by the surname Dong, claimed he entered the building not to steal, but because he urgently needed to use the restroom and went to the rooftop to relieve himself. He stated he was also looking for a friend on the fifth floor at the time.

The prosecution had charged Dong with aggravated theft, presenting surveillance footage showing him lingering in the building's stairwell for over 10 minutes. Combined with his past offenses and perceived suspicious movements, the prosecution believed they had a case. However, the defense vehemently denied any intent to steal, insisting the rooftop excursion was purely for an emergency biological need.

The Tainan District Court ultimately ruled in favor of Dong, citing a lack of concrete evidence. While the court acknowledged his explanation was unusual, it emphasized that criminal convictions require proof beyond a reasonable doubt. The surveillance footage only captured Dong entering and exiting the stairwell, with no visual evidence of him forcing entry, damaging locks, or being inside the victim's apartment. Furthermore, police did not collect any fingerprints at the scene that could link Dong to the alleged burglary.

The court also considered that the resident was away for ten hours and that the apartment building's rooftop was accessible from neighboring structures, leaving open the possibility that someone else could have entered. The judge stated that Dong's prior record alone was insufficient to conclude he committed this crime. Given that the prosecution's evidence was purely circumstantial and indirect, it did not meet the threshold for a conviction, leading to the not-guilty verdict. The prosecution can still appeal the decision.