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(영문) 창원지방법원 진주지원 2018.05.15 2018고단107
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The defendant shall be innocent.

Reasons

The defendant is a person who has a tendency to interest in view of the appearance that male is able to see a defense.

Around 22:00 on November 25, 2017, the Defendant: (a) concealeded his mobile phone camera into the partitions for public toilets C in Jinju-si B; and (b) viewed his mobile phone camera as a crepans under the upper part of the column, the Defendant carried out self-defluence with his sexual organ by hand in light of the victim D (28 tax)’s crepans.

Accordingly, the defendant invadeds on public places to satisfy his sexual desire.

Maz.

1. Generally "Intrusion" means entering a structure, etc. against the will of a resident, a person or an occupant.

2. An intrusion cannot be caused solely on the ground that a place in which the entry of the general public is permitted is abused for an illegal purpose, unless it appears clearly that the entry does not constitute a violation of the prohibition of entry and exit, or the time, method, mode, etc. of entry and exit specifically issued by a person does not constitute a general license (such as clothes, deadly weapons, group inputs, fences, etc.).

3. The crime of intrusion upon a public place for sexual purposes is established when it intrudes into a public toilet, open toilet, mobile toilet, portable toilet or pay toilet under the Public Sanitary Control Act, a public bath under the Mother and Child Health Act, or a breast-feeding facility under the aforesaid Act for the purpose of meeting his/her sexual desire, and refers to a place where pregnant or nursing mothers can breast-feeding children, a place where a pregnant or nursing woman is installed for eating, a sloping room or bath installed in sports facilities under the Installation and Utilization of Sports Facilities Act, or a place falling under any one of a sloping room or bath room established in a large store under the Distribution Industry Development Act (Article 1-2 of the Enforcement Decree of the Act on Special Cases Concerning the Prevention of Sexual Violence). It is established when the crime is committed, or if the pregnant or nursing woman does not comply with a request to leave the same place.

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