성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. The defendant asserts that the punishment sentenced by the first instance judgment (6 months of imprisonment and 40 hours of completion of sexual assault treatment programs) is too large and unfair.
B. The prosecutor asserts that the above punishment of the first instance judgment and the sentence imposed by the second instance judgment (a prison term of three months, and completion of sexual assault treatment programs 40 hours) are too unhued and thus unfair.
2. Ex officio determination
A. In the trial of the lower court, the Prosecutor changed the term “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes)” to “a structure intrusion” under Article 12 of the applicable law to “Article 319(1) of the Criminal Act,” and the facts charged against the lower court on October 21, 2014, which was sentenced by the Changwon District Court to imprisonment with prison labor for 6 months and suspended execution for two years, and the judgment becomes final and conclusive on October 29, 2014, and is currently in the grace period.
1) On December 6, 2014, at around 05:00, the Defendant: (a) committed a second-story female toilet of “F” building in Seongbuk-gu, Sungwon-si; (b) had the appearance of G (F, 30 years of age) (hereinafter referred to as “F”); (c) had the appearance of an unspecified female, seeing the cryp in that place; (d) had intruded the above toilets; (c) had the cryped into the cryp column; and (d) had the cryped, followed the cryp; and (d) has stolen the form of G (F, 30 years of age
Accordingly, the Defendant intruded on a structure contrary to the intent of the above toilet manager.
2) On December 22, 2014, around 12:49, the Defendant came to a 10-story female toilet in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, which is a 10-story building, and came to the said toilet by reporting that: (a) theft of the appearance of an unspecified female, i (the age of 40), i (the age of 40), which is viewed as being melted, was entering the said toilet.
After that, the Defendant entered the immediately next partitions that the above I sees the use, and steals the color that the above I sees the use of the above string, thereby cutting off the string.