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(영문) 부산지방법원 동부지원 2015.03.11 2014고단2289
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On July 14, 2014, around 05:20 on July 14, 2014, the Defendant: (a) reported that the victim E (the age of 32) who is a hotel hotel, entered the above female toilet, entered the said female toilet; and (b) taken the victim by theft.

Accordingly, the defendant invadeds on women's toilets, which are public places, with a view to meeting sexual objectives.

2. According to the records, it is recognized that the Defendant entered approximately 20 seconds after entering a female toilet located in the first floor of the D hotel, and approximately 30 seconds later.

① However, it is difficult to view that the Defendant, at the time of the commission of the instant crime, was a member of the D hotel service company as a member of the D hotel’s 1st floor, was in charge of a name tag on the breast, and the Defendant, who appears to have been aware that CCTV was installed in the street, was committed the instant crime. ② At the time, the Defendant stated that the Defendant was unable to hear E’s secret view in this court; ③ the construction of replacing the location of the male toilet and the female toilet was conducted before approximately 12 months prior to the occurrence of the instant case; ③ the Defendant was unable to eliminate the possibility that the Defendant was aware of female toilets as a male toilet, and there is insufficient evidence to acknowledge that the Defendant violated the female toilet with the intent to satisfy his own sexual desire, and there is no other evidence to acknowledge otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325

In addition, Article 58 (2) of the Criminal Code provides a summary of the judgment against the defendant.

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