beta
Text
The defendant shall be innocent.
Reasons
On July 6, 2014, the Defendant: (a) around 21:10 on July 6, 2014, in front of a public toilet near the D cafeteria located in Seojin-gu Seoul Metropolitan City, the Defendant entered the toilet to view the tiltile and entered the toilet through an open toilet door to satisfy his sexual desire, and (b) entered the room to satisfy the victim’s sexual desire; and (c) sealed the head into the space between the partitions.
Ultimately, the Defendant intruded on public toilets for the purpose of meeting his sexual desire.
Judgment
1. Inasmuch as “the public toilets outside the room near the D cafeteria” as stated in the facts charged by the Defendant’s assertion does not constitute “the public toilets, etc. under subparagraphs 1 through 5 of Article 2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes” under Article 12 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, the facts charged in the instant case premised on the premise that the instant toilet constitutes “the public toilets, etc.” as stipulated in the said provision does not constitute an offense.
2. According to the evidence duly admitted and examined by this court as to whether the toilet of this case constitutes “public toilets, etc.”, the toilet of this case is installed in the middle of the stairs going to the second floor of the party floor of the building located outside the left part of the D cafeteria, and is open at the commencement of the business and is closed upon the completion of the business (17:00 to 04:00 on the following day). Thus, it can be acknowledged that the toilet of this case can be used even without the D cafeteria because it does not separately manage the business (17:0 to 04:0 on the following day).
Meanwhile, according to Article 2 of the Public Toilets, “public toilets, etc.” are ① public toilets (the toilets installed by the State, local governments, corporations, or individuals to provide for public use), ② toilets installed in the facilities of public toilets, which are open for public use.