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(영문) 수원지방법원 2020.06.11 2020고단845
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
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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 of the final judgment.

Reasons

Punishment of the crime

At around 01:00 on September 15, 2019, the Defendant entered the 1st floor of the building located in Sungsung City B, and the entrance of female toilets opened, and in order to see that women used the above female toilets, the Defendant looked back to the above female toilets for about 15 minutes after observing the sex and surrounding circumstances for about 15 minutes in the vicinity of the above female toilets, and entered the said female toilets for about 5 minutes, and left the said female toilets for about 5 minutes, while entering the said female toilets for about 5 minutes, the Defendant discovered the Defendant, and the female, who entered the above female toilets, escaped from the above female toilets.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting sexual desire.

Summary of Evidence

1. Statement of the defendant's examination by the prosecution against the defendant's partial statement in court (the denial with the intention to satisfy the sexual desire);

1. Statement made to C by the police;

1. Written statements of D;

1. We deny that CCTV images and photographs at the scene of crime (the defendant was string at the time, but the male toilet was inevitable to enter women's toilets because it was higher, and that there was no purpose to satisfy the sexual desire. In light of the defendant's attitude that the defendant was able to know in the CCTV images immediately before entering the toilet, it is difficult to accept the defendant's defense suit that there was an urgent circumstance that the defendant should have used women's toilets. In light of the victim's statement that the toilet partitions at the time was exposed to the defendant's head and that the defendant's head was laid down, and that the defendant's head was kept up and maintained, it is recognized that there was a purpose of intrusion to satisfy the sexual desire).

1. Relevant Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. An order to attend a course;

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