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(영문) 광주지방법원 2014.04.23 2013고단6387
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

Reasons

1. On July 18, 2013, at around 22:40, the Defendant: (a) entered a female-use toilet installed therein for the purpose of meeting the sexual desire at the point of “D” located in Gwangju-gu, Nam-gu; and (b) intruded the victim E (n, 26 years of age) with a view to meeting the sexual desire at the point of “D” located in Gwangju-gu; and (c) immediately changed the form of “D” in the side column.

2. The judgment of the defendant and his defense counsel do not constitute "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 Public Toilets, etc. Act, which are punishment provisions for "persons who intrude into public toilets, etc. prescribed by Presidential Decree, such as public toilets, etc. under subparagraphs 1 through 5 of Article 2 of the Public Toilets, etc. Act and public bath business under Article 2 (1) 3 of the Public Health Control Act, or those who do not comply with the request for eviction at the same place," with the premise that the toilets of this case fall under "public places, etc." under Article 2 (1) 1 through 5 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, which are punishment provisions for "persons who do not comply with the said request for eviction at the same place." Thus, the facts charged of this case

According to the evidence duly admitted and examined in this court, the toilet of this case is installed on behalf of the customers who use D main points, and only through the main points' negligence, and it can be recognized that the toilet of this case is a toilet used by the main points, the main users, the main users, and the employees while running their business.

Meanwhile, according to Article 2 of the Public Toilets, etc. Act, “public toilets, etc.” are ① public toilets (the toilets installed by the State, local governments, corporations, or individuals to be used by the public) and ② toilets installed in the facilities of public toilets.

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