성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
80 hours against the defendant.
1. Summary of grounds for appeal;
A. Illegal sentencing of Defendant: The sentence of the lower court (three years of imprisonment) is too heavy.
B. There is an error of misunderstanding the facts and misunderstanding the legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the primary charge found not guilty by the court below.
However, in the case of a party, an application was filed for changing the surrounding facts charged in exchange for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. This court permitted the change of the public complaint and changed the subject matter of the trial. Thus, the judgment of the prosecutor's misunderstanding of the facts and misunderstanding of the legal principles is not different.
Sentencing: The sentence of the lower court (three years of imprisonment) is too minor.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 319(1) and Article 297 of the Criminal Act apply to the offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) at the time of the trial of the trial of the trial of the trial of the trial, the public prosecutor applied for the amendment of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) with “Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 299 of the Criminal Act” as “Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” and the name of the offense was “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence in Residence in Residence in Residence)” as follows. This court permitted the amendment and thus, the judgment of the court below became unable to be maintained as
[ 변경된 주위적 공소사실] 피고인은 2015. 8. 2. 01:30 경 대전 서구 C 빌라 O 호에 있는 피해자 D( 여, 24세) 의 주거지에 이르러, 시정되지 않은 현관문을 열고 방 안으로 침입하여 불을 켠 채 브래지어와 팬티만 입고 잠을 자고 있는 피해자를 보고...