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(영문) 의정부지방법원 고양지원 2015.04.03 2014고단2679
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 20, 2014, around 23:18, the Defendant: (a) entered the front-side female toilets at the entrance of the 595 lake Park Park Park 2, the second side column at the entrance of the 2nd parking lot; and (b) was waiting for women to enter the 2nd side column; (c) the victim C (V, 28 years of age) entered the side partitions, and intruded into the public toilets with a view to satisfy the victim’s sexual desire by gathering his form in the lower space.

2. Determination

A. The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is established when a person intrudes on public toilets, etc. for the purpose of meeting his/her own sexual desire. It is clear that it is an object of crime, and the burden of proving its purpose is to be borne by a public prosecutor, and the degree of proof is based on evidence with probative value that allows a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt.

On the other hand, as long as there is no confession of the defendant, the decision of the defendant should be made by comprehensively taking into account various objective circumstances, such as visible behavior in the toilet.

B. According to the records, the defendant stated that he was unable to recognize that he was female toilets due to urgency from the investigative agency to this court, and that he was aware that he was female toilets, and that he was not easy to find it. The victim took care of his her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son in the toilet

However, as above, when there is a victim in the side partitions of the toilet, it is said that the victim was peeped in the space below the partitions.

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