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(영문) 인천지방법원 부천지원 2017.05.10 2016고단2950
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 16, 2016, at around 20:0, the Defendant entered the side column of a female toilet of the first floor of the Kimpo-si, Kimpo-si, Kimpo-si, with the intention to look at how the victim D(the age of 59) would change.

Accordingly, the defendant intruded on the building managed by others.

[Defendant and defense counsel asserted that the defendant sent a studio in a female toilet because the male toilet door was locked, and that the defendant does not enter the female toilet with the same intent as stated in the facts charged.

However, in full view of the following evidence duly adopted and examined by this Court, the defendant entered the female toilet with the intent to protect the victim, etc. from the side partitions.

Since the above argument is recognized, it cannot be accepted.

1. In this Court, the victim was aware that the sound was coming from the side column at the time, and that the climf was cut off to the side on which the climf was the head of the male (Defendant) who climfed and cut off the climb, and then up to the end of this part.

The statement has been made in detail and credibility.

② The defense counsel stated that “the victim had been in motion of play outside of the toilet and there was no fact that he arranged clothes outside the toilet.” According to CCTV images taken in front of the toilet of this case, the defense counsel asserts that the victim’s statement cannot be trusted because it can be seen that the victim did not run away from the toilet and arranged clothes outside the door.

However, whether or not to organize clothes is not important, but rather is natural, rather than that the victim is unable to accurately memory it, and according to CCTV images, it can be confirmed that the damaged person was able to write down his clothes, and then his behavior is natural as a behavior that can take when he was damaged such as the facts charged.

The victim shall be the defendant and the victim.

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