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(영문) 서울동부지방법원 2015.06.30 2014고단3469
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 24, 2014, around 04:20 on October 24, 2014, the Defendant opened a door with a sign of “pat” attached to the Seongdong-gu Seoul Underground 1st Ground D or a parking lot, and entered the room inside the sugar.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (Report on the results of verification of DNA rain or CCTV);

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant did not know of the urine during a new wall movement and did not enter a bath for the purpose of satisfy sexual desire.

In full view of the following circumstances acknowledged by the evidence as seen above, namely, ① the Defendant continued to live in the vicinity of the entrance of the sugar before entering the sugar and continued to live around 2 to 3 minutes, ② there was sufficient time to view the location of the toilet by the Defendant through the entrance door to the entrance, ③ at the entrance door of the sugar to which the Defendant entered, the Defendant was posted with the cover of the toilet, and the Defendant could easily see such marks at the time when the Defendant was posted at the entrance. ④ In full view of the following circumstances, the witness E consistently stated that the Defendant attempted to conceal the body of his and maths inside the sugar, it can be sufficiently recognized that the Defendant entered the sugar with a view to meeting the sexual desire.

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