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(영문) 서울남부지방법원 2019.05.10 2018고단3850

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2018, at around 22:00 to 22:15, the Defendant entered a female toilet in order to view that C (in this case, 25 years of age, 25 years of age) takes shower in the shower room inside a female toilet located in the second floor of Yeongdeungpo-gu Seoul Metropolitan Government building B.

Accordingly, the Defendant infringed on women's toilets, which are public use places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statement of a witness C in the recording file of the legal recording system of the fourth trial record;

1. On-site photographs, on-site photographs, cell phone photographs, and CCTV of female toilets;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fine (Consideration of the fact that the accused has no record of the same punishment)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The gist of the claim is to confirm whether the Defendant, at the time of the instant case, was able to use a laundry in female toilets, and that the Defendant did not have any purpose to satisfy his sexual desire.

2. In full view of the following circumstances admitted by the evidence of determination, it is reasonable to deem that the Defendant had a purpose to satisfy his sexual desire at the time of the instant case.

Therefore, the defendant and defense counsel are not accepted.

1. From the investigative agency to the court of this Court, C is a mobile phone in the crepan of the surrounding areas, and C is a mobile phone in the crepan of the sound being taken by the shower in the shower.