성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
A sexual assault treatment program for 40 hours is provided to the defendant.
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, a fine of three million won, 40 hours after completing a sexual assault treatment program, 2 years restricted on employment);
2. In full view of the following factors: (a) the Defendant confessions the instant crime; and (b) the Defendant has no penalty force exceeding the previous fines, etc., the amount of punishment imposed by the lower court is too unreasonable, taking into account the following factors: (c) the Defendant’s criminal liability is heavy in light of the background and method of the crime; (d) the Defendant did not receive a written appearance from the victim to the trial; and (e) the fact that there was a history of having been punished for intrusion into the public announcement room used by women in the past; and (e) the amount of punishment imposed by the lower court is too unreasonable.
Therefore, we accept the prosecutor's argument of sentencing and light.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. An employment restriction order;
(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
(b) Employment restrictions on welfare facilities for disabled persons: Determination of the sentence as ordered by taking into account the various circumstances examined prior to the grounds for sentencing under the main sentence of Article 59-3(1) of the Welfare
Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant shall be punished for sexual crimes.