beta
(영문) 인천지방법원 2017.08.09 2017노1860

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, as the male toilet door was locked by Defendant 1, the Defendant merely sent a string in female toilets, and did not enter female toilets with the same intent as indicated in the facts charged in the instant case.

2) The punishment sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower judgment, the lower court’s aforementioned determination is just and acceptable, and there was an error of law by misunderstanding the facts in the lower judgment,

It does not seem that it does not appear.

B. In light of the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or too unreasonable, even if there is no change in circumstances that may be considered in sentencing after the lower judgment regarding the unfair argument of sentencing by the Defendant and the Prosecutor, and considering the various conditions of sentencing as indicated in the instant records and arguments, it does not seem that the lower court’s punishment is too excessive

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.