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(영문) 서울중앙지방법원 2018.06.20 2017고단8663
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall intrude into public places prescribed by Presidential Decree, such as public toilets and bathing rooms, or comply with a request to leave the same place for the purpose of meeting his/her sexual desire.

Nevertheless, at around 11:45 on September 10, 2017, the Defendant entered the right partitions of public women's toilets in Seocho-gu Seoul, Seocho-gu, Seoul, for the purpose of meeting his/her own sexual desire, and intruded the victim's OO, which was melting from the left partitions, into public places by the way that the toilet partitions cuts through the above.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Application of Acts and subordinate statutes on investigation reports;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. The gist of the assertion is that the Defendant did not enter the above public female toilets (hereinafter “the toilet of this case”) for the purpose of meeting the sexual desire, but rather came to be adhered to the rest of the male toilets with a sudden change in use at the time, and he did not perform any act, such as seeing a change in the toilets of this case and seeing a change in the side partitions.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, it is sufficiently recognized that the Defendant entered the toilet of this case for the purpose of meeting his sexual desire as stated in the facts charged and added the partitions above through the above, as stated in the facts charged:

A. 1) The victim C stated in the first written statement that “The husband reported her husband after viewing the change of equipment”, and the victim C was investigated by the police.

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