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(영문) 인천지방법원 2019.03.29 2018고정2586
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2, 2018, at around 13:18, the Defendant entered the female toilet in order to steals the figures of women who look at c Station Women's Toilets located in Incheon, into the female toilet and intruded into the public use place used by many unspecified persons.

Summary of Evidence

1. Legal statement of witness D;

1. Statement to E by the police;

1. A CD (videos recorded on the face of a CD);

1. The defendant and the defense counsel of the department notified of the 112 Incident Report, arguing that the defendant entered the waterway female toilet to discuss under the influence of alcohol, and that the defendant did not intrude into the toilet for the purpose of meeting the sexual desire at the time.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it can be presumed that the defendant had a purpose to satisfy his sexual desire at the time of intrusion into the toilet, and thus, the defendant and the defense counsel’s assertion is not accepted.

According to CCTV images, around 13:18 on June 2, 2018, the defendant was found to have been immediately set up at around 14:17 when approximately one hour elapsed after entering a C Station female toilet located in Incheon.

Although the defendant alleged that he entered a lux female toilet to discuss, the form when the defendant entered a female toilet was specially drunk.

It does not seem that the situation is immediately preceding discussion because it is not good or good.

Rather, the defendant is showing the appearance of entering a female toilet before entering a female toilet and entering a female toilet.

In addition, the witness D also stated that “A sound discussed by any group in the Yong-surine can not be heard.”

The toilets in the station of this case have separate male and female toilets, and the entrance doors are mutually installed, and one female and one male are placed in front of the defendant before entering the defendant, and they enter the toilet and female toilet respectively. Thus, the above is the above.

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