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(영문) 수원지방법원 안양지원 2014.05.22 2013고단1737
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

Reasons

1. On November 16, 2013, the Defendant: (a) around 23:00 on the charge of the instant case, at the female toilets located on the 1st floor of the building C, Goang-si; and (b) on the wall, the Defendant intruded into the public toilets with a view to satisfy his or another person’s sexual desire, as it is hidden into a duplicing partitions with which small holes can be excavated.

2. Determination

A. The Defendant consistently denied the charges by asserting that, since the police and the time and place indicated in the facts charged, the Defendant entered a female public toilet by drinking at the time and place stated in the foregoing facts charged, and that it did not intrude into the said toilet for the purpose of meeting the sexual desire.

B. The evidence reveals that the Defendant invaded upon the above location for the purpose of meeting the sexual desire, include the witness D, E’s each legal statement, each police statement of D and E, each statement of the police protocol of D and E, and each statement of D and E, and the evidence reveals the following facts according to the above evidence:

(1) At around 23:00 on November 16, 2013, D and E had drinking together with F and G ( female) at the main points located in the above C building. However, on November 16, 2013, G stated that “W” means that W and E have a male in the public toilet for female use as stated in the facts charged, and that G had a male in the above public toilet for female use as stated in the facts charged. Since around 30 minutes thereafter, L again went to the above public toilet, F and she again went to go to the public toilet for female use.

(2) On the other hand, G went to the rest of the toilet. D left to the rest of the above toilets consisting of three partitions with the partitions showing the Kinc string to the lower side, and D left to the left side in order to give the friendships, such as E, and D left to the left side of the above toilets, and the above test chincation was seen to the lower left side of the toilet.

(3) At the time, E wishes to go to the police, and the defendant is on the left partitions of the above toilet.

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