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(영문) 전주지방법원 2016.08.26 2016고단774
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 11, 2016, the Defendant, at around 23:10 on April 23:1, 2016, in order to see women who are in a fryral body in the fryral room of Dabasan-si C, the Defendant intruded about 10 women, such as victims E (n, 28 years of age), F (names, leisures, ages) into a fryer in a fryral body, and even though the said victims demanded the Defendant to leave, he saw the victim’s fryr body, such as the victim, installed at the entrance of a fryer, at approximately 1 minute.

Accordingly, the Defendant infringed on the public bath, which is a public place, for the purpose of satisfaction of his sexual desire, and did not comply with the demand for eviction.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and F (victim);

1. Statement of the police statement related to G;

1. Each investigation report (related to on-site inspections, etc., related to attaching photographs to CCTV data to suspects, and attaching CCTV images);

1. Determination on each of the defendants and defense counsel's arguments

1. The Defendant and his defense counsel’s assertion was entered into a sugar, and there was no intention of sexual purpose intrusion.

2. The following circumstances, which are acknowledged by the evidence revealed earlier, namely, (1) E, stating that “ despite the fact that the Defendant was accompanied by a female accompanied by the said female (G), the female accompanied by the said female was pushed away, E reconcing the said female at the entrance of the said female, and intentionally reconcing the said female into the said female and intentionally reconcing the said female and continuing one minute,” and (2) the entrance of the said female to make soup is divided into the drying room, which is the location of the instant case, and the entrance of each signboard and the color of each content can be easily distinguishable from each other. (3) The Defendant was under the influence of alcohol at the time.

Although the defendant asserts soup, it is difficult to regard it as a situation that it is difficult to distinguish the remaining fry from the fry when he takes soup, such as making soup through a card and taking soup clothes, etc.

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