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(영문) 인천지방법원 부천지원 2015.06.24 2015고단665

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 January 30, 2015, at around 22:00, the Defendant entered the three-story female toilets of "D", a shopping center where the Defendant works in Bupyeong-gu, Seocheon-gu, Seocheon-si C, and went through a change from the second partitions, and then cut off the appearance of the victim E (the age of 33) who reported a change from the third partitions and stolen the face above.

Accordingly, the defendant invadeds on public places such as public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each image attached to the investigation report (CCTV investigation) [the defendant and his defense counsel claimed that the defendant tried to check whether he was a person water in the toilet as part of security management, and that there was no "sexual desire" for the defendant. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the crime time of this case: (i) although the time of the crime of this case occurred before the closure point, there was about 30 employees in the third floor of the above building; (ii) there was sufficient time to expect that there was a person watering in the toilet; and (iii) at that time, it was possible to confirm whether there was a person watering in the toilet; and (iv) in particular, if there was a general and explicit door to check a toilet used in this nature, entry into the toilet is to be confirmed by oars or asking, etc.; and (iv) if there was no time to open or open the toilet in the process of checking the victim's own view or going beyond the screen of the defendant.