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(영문) 대구지방법원 2014.01.07 2013고단4981
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall intrude into public toilets for the purpose of meeting his/her sexual desire.

Nevertheless, around 23:05 on July 30, 2013, the Defendant entered a female toilet located in the "E" located in Daegu Northern-gu, Daegu Northern-gu.

The Defendant entered the side partitions of the Defendant’s toilets in order to view the melting side, and closed lids from the toilets in which the Defendant was the Defendant, and laid down the above lids in which the Defendant was the Defendant, and changed the victim who reported the melting side from the side partitions.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Statement of the police statement concerning F;

1. G statements;

1. Investigation reports (on-site verification);

1. As to the assertion of the Defendant and his defense counsel regarding 16 copies of field pictures, the Defendant and his defense counsel asserted that the Defendant, while under the influence of alcohol, was able to capture female toilets into a male toilet, was aware that he was wrong in the female toilets only when the Defendant was able to enter the victim’s day while he was living in the mouth, and was aware that he was wrong in the two sides, and did not see any outstanding circumstances, and that there was no other victim who was entering a part of female toilets or sees the side partitions in order to satisfy the sexual desire.

However, the following circumstances acknowledged by the aforementioned evidence, namely, ① the Defendant appears to have engaged in drinking and drinking at least two times at the main point of the instant case, which is the place where the Defendant committed the crime, and the Defendant appears to have engaged in drinking and drinking at the toilet. Under the corridor, female toilets are located at the right side of the corridor, and male toilets are located at the left side of the corridor, whereas male toilets are installed inside a urinal, while female toilets are installed, and the difference can be easily divided by not installing a urinal, so the difference can be easily divided.

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