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(영문) 서울북부지방법원 2018.09.20 2018고단2021
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The punishment of the accused shall be set forth in six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 17, 2018, around 18:07, the Defendant entered the second floor of the Dongdaemun-gu Seoul Metropolitan Government building B, into female toilets in order to steal women's melting sides.

Accordingly, the Defendant infringed on a female toilet, which is a public use place, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against D;

1. On-site investigation report (on-site investigation) asserts that the defendant's defense counsel entered a toilet due to a sudden appearance, and entered a room room for female workers, and the defendant did not intrude into a room for female workers with sexual purposes.

However, after entering the toilets in this Court and in the investigative agency, C showed light of the screen of the screen of the screen and the Handphone, and observed the internal situation of the toilet by concealing it in the lusium and the toilet entrance and the lusium column, approximately 10-20 minutes after the Defendant was in the toilet side column, and C made a consistent and concrete statement on the fact of the lusence and escape while preventing the Defendant from suffering, and there are no other circumstances that could be false in the statement.

Comprehensively taking account of the various circumstances, such as the inside and outside of a female toilet, the location of a male toilet and a female toilet, which can be seen from a field photograph, and other evidence submitted by the defendant, the fact that the defendant intrudes into a female toilet for the purpose of satisfaction of sexual desire as stated in the facts charged can be acknowledged.

The defendant and the defense counsel shall not be accepted)

Application of Statutes

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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