(영문) 의정부지방법원 2015.07.14 2015노1063

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.07.14 2015노1063

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged was, around September 20, 2014, the Defendant: (a) was waiting for women to enter the right side side of the female toilet at the entrance of the second parking lot of the 595 lake Park Park Park, the second side of the female toilet at the entrance of the second parking lot of the 595 lake Park; (b) the victim C (V, 28 years of age) entered the side partitions, and intruded into the public toilets with a view to satisfy his/her sexual desire, with a view to meeting his/her own sexual desire.

2. The lower court determined that the Defendant was not guilty on the ground that it is difficult to view that the Defendant had a purpose to satisfy his sexual desire, and that there is no other evidence to acknowledge it on the ground that the Defendant was found not guilty, in light of the following: (a) it was not proven that the Defendant was able to peep the victim’s appearance in the space below the partitions; and (b) it was possible to deem that the Defendant’s act after finding the Defendant in the toilet was to find an opportunity to take out of the toilet by examining whether there was another person in the toilet after finding the Defendant.

3. The summary of the grounds for appeal is without credibility of the defendant's assertion, and the structure and form of the public toilets in which the defendant entered, actions taken by the defendant within the toilet space, the victim's statement, etc. can be acknowledged as facts that the defendant intrudes into women's toilets with intent to satisfy his/her sexual desire. The judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment

4. Judgment of the court below

A. The Defendant’s assertion asserts to the effect that “the Defendant did not recognize that he was a female toilet because of urgency, and later, he could not easily see the people’s sound.”

B. However, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court.

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