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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단298

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 27, 2017, the Defendant infringed on a public toilet, which is a public use place used by many unspecified persons for the purpose of meeting his own sexual desire, by cutting off the appearance of the victim C (the age of 22) who was going up and was in the front partitions of the 3th floor female toilets of the Dongdong-gu, Busan Metropolitan City building B on October 27, 2017.

Summary of Evidence

1. A statement to the purport that the fact that the instant female toilet was entered in the column is recognized, and part of the Defendant’s legal statement

1. The defendant and his defense counsel held the defendant's legal statement of the witness C and his defense counsel's assertion. The defendant and his defense counsel asserted that the defendant was aware of the male toilet at the time when he was frighted, and entered the women's toilet of this case and boomed the cryp, and that there was no fact that the cryp and the cryp caused the victim.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant was found to have taken a change as shown in the facts charged and sustained the victim side by the defendant, and therefore there was the intention to commit the crime.

F. We cannot accept the above argument.

① The victim, at the police station, was able to say that “the Defendant suffered from the aftermath of the Defendant’s autopsy system, and the front and snow of the front chilled up to the upper chill,” and was under the influence of alcohol at the time of “in the court,” but at the time when there was a balle column, the victim was able to enter the next chill, but did not have any sound that chilled to close the lid.

A man who was enrolled in the middle and snow of the partitions, and the person consistently testified to the effect that he was "the defendant."

② On the other hand, the Defendant was unaware of whether she was a female toilet at the time, and there was no fact that she was drinking out of the female toilet, and there was a tobacco in the stairs outside the toilet after reporting the side.