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(영문) 인천지방법원 2018.10.12 2018고정1425

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 February 26, 2018, at around 23:00, the Defendant got female toilets in subway D stations located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, in order to steals women's appearance that see it, the Defendant taken off from the second partitions E (n, 23 years old) and stolen the appearance below, and used the gap.

Accordingly, the defendant invadeds on toilets, which are public use places, to satisfy the defendant's sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to E and F;

1. Each on-site photograph (the defendant and defense counsel asserted that only the defendant entered a lost female toilet in the state of being taken by the defendant, and that it was not stolen from a female image that sees the appearance of the us.

However, in full view of the following circumstances that can be recognized by evidence duly adopted and investigated by this court, the fact that the defendant had entered a female toilet is sufficiently recognized, such as the criminal facts stated in the judgment with intent to steals the female appearance of the defendant, which is viewed as a misappropriation.

(1) A victim makes a statement from an investigative agency to an investigation agency that he/she has consistently followed partitions with the defendant, following the side partitions.

The contents of the victim's statement are consistent and concrete, and it is consistent with F's statement after the victim's action.

② The space below the toilet is merely about 4.5 cm, and it is not easy for a person who uses side partitions to see, unless it is intentionally seen.

(3) The Defendant, while entering a sudden toilet to enter the mouth at the time, entered the room, and entered the room for women with actual waterways.

The argument is asserted.

However, it is often possible to change the way of gender display or structure of toilets.