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(영문) 서울북부지방법원 2016.04.21 2015고단3984
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 3, 2015, around 16:40 on November 3, 2015, the Defendant entered the female toilet in Seoul Special Metropolitan City, Nowon-gu, 200, with a view to stealing the appearance of women to see their melting sides, the Defendant entered the female toilet column.

The defendant removed the suspension of the hole in the wall, and then stolen the form of d (Sweet, 42 years old) through the drilling.

Accordingly, the defendant intruded on a structure managed by the victim C Manager.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. On-site photographs (the defendant and his defense counsel entered a female toilet, however, the defendant's access to the toilet was very high, and entered the toilet without properly verifying the gender indication of the toilet, and there was no other purpose such as sexual purpose. Thus, the intent of the crime of this case is not recognized.

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, when the female toilets of this case face each other with male toilets, and became up to the first floor to the second floor of the building, it is not the structure from which female toilets were first emitted, and it can be easily known that female toilets were easily known because there is no urine for men in the toilets in which the defendant was entered, and the defendant was in the side partitions of D.

However, D did not feel any rash in the side partitions, and there was a small hole in the wall between partitions and D where the Defendant had a rash, but the Defendant discontinued several times when the discontinuance was discontinued, and the Defendant committed an act that is difficult to obtain by re-entry D, etc. into the tea male toilet. In light of the fact that D, etc. was found to have become aware of its existence, the Defendant invadedd the above structure by entering the female toilet for sexual purpose, etc.

It is sufficient to accept the recognition.

Application of Statutes

1. Criminal facts;

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