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(영문) 광주지방법원 해남지원 2016.10.13 2016고단354
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 19:00 on June 17, 2016, the Defendant entered a female toilet to see a room in front of D female toilets located in Donnam-do Donnam-gun, following the victim E (n, 34 years of age) who entered a female toilet, and then stolen the head from the floor to the space with the partitions and partitions.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. One copy, such as a photograph of inside and outside the toilet for women;

1. The defendant asserts that the investigation report [the defendant does not know the fact that he was a female toilet, and enters the toilet of this case to determine whether there is any person, and that the victim does not take side partitions of the toilet in order to steals the appearance of the room in order to see whether there is any person. However, the following circumstances acknowledged by legitimate investigation of evidence by this court, namely, the entrance of the female toilet of this case, are clearly indicated as follows: (i) even if the defendant is a foreigner, he could be sufficiently aware that he is a female toilet, even if he is a foreigner (the mother country of the defendant is the mother country of the defendant, it does not seem that there is a big difference between the Republic of Korea and the Republic of Korea; (ii) the victim entered the toilet, and the defendant appears to have entered the toilet of this case; (iii) the victim and the defendant appeared to have entered the female toilet of this case in light of the time when he entered the female toilet; and (iv) the defendant appeared to have been represented by the female toilet of this case.

The defendant who was the defendant has come to the toilet, and he has come to the side.

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