성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the entry of places with sexual purposes)) does not mean that the Defendant steals a victim who was blicked in female toilets. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, and there is an error of misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (the fine of KRW 3 million,000,000, and the program completion of sexual assault treatment program) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination
A. 1) The judgment of the court below on the Defendant’s assertion of mistake of facts was also the same as the above grounds for appeal. However, the court below found the Defendant guilty of this part of the facts charged after the Defendant explained in detail the argument and its decision about the argument from 3th to 15th 15th 15th 3th of the judgment. 2) The Defendant presented the possibility that the Defendant would have escaped from the toilet immediately after she was found to the victim before entering the toilet, but the Defendant stated that he had no person from the toilet after reporting her urine from the toilet and had no person from the toilet until the victim and the victim met.
If the above statement of the defendant is made by the defendant, it is necessary for the defendant to take more time required for the victim to discover the offender and open the defendant from the female toilet to the front of the health clinic. Even if the defendant's side complies with the first image of the certificate No. 11, the time required for the victim to detect the offender and open the body to the front of the health clinic is merely six seconds (from 11 to 17 seconds of the certificate No. 11). Since the time required for the defendant to detect the offender and run the body to the front of the health clinic is merely six seconds (from 11 to 17 seconds of the certificate No. 11).