성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant with mental disorder should be mitigated or exempted from punishment on the ground that he was physically and mentally lost or mentally weak at the time of the instant crime, under the influence of alcohol.
2) The punishment (amounting to KRW 10 million, KRW 80,000, KRW 1000, and KRW 80,000) that the lower court rendered against the Defendant is too unreasonable.
B. The Prosecutor explicitly withdraws unfair claims for exemption from disclosure orders at the first trial date.
1) misunderstanding of the facts and misapprehension of the legal principles (guilty part of the reasoning), the Defendant entered an employee waiting room for the purpose of discovering the victim who was divingd in the employee waiting room in E’s main office and forcing the victim to commit an indecent act. As such, the Defendant’s entry into the employee waiting room runs counter to the intent of the victim or the business owner.
Even if the defendant did not have the purpose of preventing the indecent act at the time of entering the employee waiting room.
Even if the employee waiting room is a place where women engaged in entertainment business make it easy or clothes, and it is not a place where the general access is permitted, and as long as the defendant does not enter with the victim or G's understanding, it can be viewed that the defendant intrudes into the room.
Nevertheless, the defendant's act of entering the employees' waiting room does not constitute an intrusion.
In addition, the judgment of the court below which acquitted the defendant on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against intrusion on residence) on the ground that the defendant did not have the intention of intrusion on the room, has
2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.
2. Determination
A. The mental disorder stipulated in Article 10 of the Criminal Act regarding the Defendant’s claim for mental disorder is related to things due to mental disorder other than mental disorder such as mental illness or abnormal mental condition.