(영문) 청주지방법원 2019.07.17 2018노1074 | 리걸엔진

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(영문) 청주지방법원 2019.07.17 2018노1074

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which acquitted the defendant of this part of the facts charged despite the fact that the defendant committed an indecent act against the victim D by force and that the defendant committed an intentional act is erroneous in the misconception of facts.

2. Determination

A. A. On July 25, 2017, the Defendant: (a) around 21:40 on the charge, the Defendant: (b) moved the elevator from the 4th floor to the 3rd floor; (c) opened the entrance door to the kitchen; and (d) stolen the victim D (e.g., 52 years of age).

Accordingly, the defendant invadedd the public bath for the purpose of meeting his sexual desire.

B. In full view of the circumstances acknowledged by the record, the court below found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to eliminate the possibility that the Defendant left sugar to rest.

C. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and duly admitted and investigated evidence, it is difficult to deem that the Defendant intentionally intruded into a public bath with intent to satisfy his/her sexual desire, without reasonable doubt, to the extent that he/she is able to have convictiond.

The judgment of the court below is just, and it cannot be said that there was an error affecting the conclusion of the judgment by misunderstanding facts.

① Since the investigation agency, the Defendant consistently divided the elevator floor space of the elevator with a thickness, “The victim aboard the elevator with a thickness divided the elevator floor room, but, as a matter of course, he thought that the five-story pressing with a sobrying door was cut off from the elevator and dried up with a four-story floor with a sobrying door. As we know, the elevator stopped from the fourth floor, and thus, she came to a sugar with a three-story water level.”

On the other hand, the victim is also the court below.

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-대구지방법원 김천지원 2015.09.15 2015고합66