beta
(영문) 광주지방법원 2015.06.10 2015노63

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court acquitted the Defendant on the ground that the statement by the victim of the instant case alone was insufficient to prove the criminal facts to the extent that there is no reasonable doubt.

However, in light of the fact that the victim clearly states the fact of damage clearly, the victim has no reason to dismiss the defendant, the time when the occurrence of the case occurred, the structure of the site of this case, and the testimony content of K and K, etc., the facts charged should be found guilty on the ground that there is no possibility that there was another person other than the defendant in the site of this case, or that there is no possibility that the victim might have known another person as the victim.

2. The circumstances revealed by the court below are as follows: ① the victim showed the face of the defendant at the court below to the effect that the defendant made a clear statement to the effect that he reported the victim. According to the internal photographs of the public bath, the victim's statement to the effect that it is difficult to obtain the victim's face confirmation only when opening the entrance in the public bath room. ② The victim made a statement to the effect that he did not go through several times after the defendant's report, and G made a statement to the effect that the victim was the victim first and was show show show show the shower at the entrance; ③ the victim was able to go on the public bath at the court below, ③ the defendant's statement to the effect that he was able to expect the plaintiff's inside the public bath on the day of the case, ④ the defendant's statement to the effect that he did not come into the public bath, but the defendant's statement to the effect that he did not come into the public bath.