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(영문) 수원지방법원 여주지원 2019.08.12 2019고단378
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2019, around 10:55, the Defendant came to the first floor of the building B in Echeon-si, Gyeonggi-si, 2019, and, with the intention of stealing a woman who is viewed as a melting urine from a toilet, the Defendant saw that C (I, 64 years of age) who enters a female toilet and then viewed a bridge from the side column after going to her opening.

Accordingly, the Defendant infringed on toilets, which are public use places used by many unspecified persons, for the purpose of meeting his sexual desire.

(2) At the time of the instant case, the Defendant asserted that the Defendant did not commit the crime as stated in the instant charges since the Defendant did not commit the crime since he was found to have committed the crime, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court: ① A witness of the instant case stated that the Defendant was sent to a female toilet after going to the female toilet in order to solve the sudden change; ② if the Defendant went to the female toilet, there was no reason to see that the Defendant was sent to the gate and out of the gate; ③ The Defendant asserted that there was both the door of the male toilet at the time; ③ even though witness D did not accept the summary of the evidence for the purpose of infringing the male toilet as stated by the evidence duly adopted and investigated by this court; ② A witness of the instant case stated that the Defendant was sent to the female toilet; ② there was no reason to see that the Defendant went to the female toilet in order to solve the sudden change; ③ there was no reason to see that each part of the male toilet at the time.

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. C’s statement;

1. Application of statutes, such as site photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes, and imprisonment with prison labor;

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