성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is that the lower court’s punishment (2 million won of fine, 40 hours of order to complete a sexual assault treatment program, 1 year of employment restriction order) is too uneased and unreasonable.
2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.
However, in full view of the various sentencing conditions indicated in the records and arguments of this case, including the fact that the victim appeared to feel a considerable fear due to the crime of this case, that the defendant wants to be punished, that the defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in 2009 (hereinafter referred to as the "Act on the Punishment, etc. of Sexual Crimes"), and that the defendant intrudes into the residence in 2014 and has the same criminal records of the same kind, which were sentenced to each fine due to the theft of female clothes, and the crime committed by theft, etc., the court below's punishment is somewhat uneasible and unreasonable
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)