성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The Defendant, at around 18:40 on June 3, 2018, went out of the “C” located in Suwon-si, Suwon-si, Suwon-si, and brought out a white tride pande, wherein the Defendant’s sexual flag and conspiracy was revealed, and returned to the said commercial site used by many unspecified customers and employees, such as D (W, 29 years of age) through the above commercial entrance.
Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.
2. According to the evidence duly examined and adopted by the court where the issue of judgment is located, the Defendant was admitted to enter the “C” located in Swelve-si, Suwon-si, Suwon-si, Swelve-si (hereinafter “instant store”) on the date and time stated in the facts charged, with his counter-swel and white panty only.
Any person who intrudes into a public use place used by many and unspecified persons, such as a toilet, bath, bath, or shoot, breast-feeding facility, or escape room, with intent to satisfy his/her sexual desire, or refuses to comply with a request to leave such place for the same purpose shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
The prosecutor indicted the Defendant on the ground that the Defendant’s above act constituted “influence into public use places for sexual purposes” as stipulated in Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).
The contents of the above provisions shall be as follows:
In order to impose criminal liability under the above provision on the defendant, it is recognized that at the time of the instant case, the defendant had a purpose to satisfy his sexual desire (the defendant is dissatisfied with this), and the entry of the instant store into the public use place under the above provision should be evaluated as an act of intrusion upon the public use place under the above provision.
However, Article 12 of the Sexual Violence Punishment Act applies to the store of this case.