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(영문) 울산지방법원 2015.10.08 2015노733

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (a fine of three million won, ordered 40 hours to complete a program) is too unfased and unreasonable.

2. The crime of this case was committed in a female toilet for the purpose of meeting his own sexual desire, and the victim was able to see the side, and in light of the background, content, and method of the crime, etc., it is not good that the victim was showing a pipe of considerable sexual health, and the victim was unable to reach an agreement with the victim until the court of the trial, etc. are disadvantageous to the defendant.

However, there are health problems, such as the confession and reflect of the instant crime, the fact that the Defendant seems to have reached the instant crime under the influence of alcohol, the fact that the Defendant has no record of criminal punishment, and the Defendant has lost its right-hand side, etc., which are favorable to the said Defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.