(영문) 서울북부지방법원 2019.03.22 2018고합267

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.03.22 2018고합267

유사강간등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant and the victim B (the age of 61) charged in the instant case are between the Defendant and the Defendant and the Victim B (the age of 61) first met or become known at the street around February 2, 2018.

1. On February 4, 2018, around 02:18, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence of public places with sexual objectives) entered the above female toilets in Gwangjin-gu Seoul Special Metropolitan City, with a view to making the said B enter a female toilet to make his/her losses a cleaning agent and committing indecent act B, the Defendant entered the above female toilets.

Accordingly, the defendant invadeds on women's toilets, which are public use places, for the purpose of meeting his sexual desire.

2. In the case of paragraph 1, the Defendant: (a) entered the victim who was entered in the change column of the disabled in a temporary toilet for the same time as that of paragraph 1; and (b) prevented the victim from leaving the door for about two hours from locking up to 04:15.

Accordingly, the defendant detained the victim.

3. In the case of paragraph 1, the Defendant: (a) was placed in the column of the disabled person in the above female toilets at the same time; (b) was unable to lock the rest of the toilet as described in paragraph 2; (c) was shaking the head of the victim; (d) was kiding the victim’s chest by hand; and (e) exceeded the victim’s panty and panty; and (e) laid down the victim’s fingers in the sound part.

Accordingly, the Defendant raped the victim.

2. The defendant and his defense counsel agreed with the victim to engage in sexual traffic, delivered the amount of money to the victim, and then entered a similar act in a female toilet in a park, and there was only dispute with the victim by allowing the defendant to return money to the victim.

In other words, the Defendant did not intrude into a female toilet for the purpose of fulfilling his sexual purpose, such as as described in the facts charged, nor did he arrest or rape the victim in the above toilet.

3. Determination

A. The facts charged in a criminal trial for the pertinent legal principles must be proved by the prosecutor.

유사 판례

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