성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of three million won, and an order to complete a sexual assault treatment program for forty hours) imposed by the court below on the defendant is too unreasonable.
2. In light of the following circumstances: (a) the Defendant was found to have committed a mistake in the course of the trial; (b) the Defendant has no criminal records; and (c) the Defendant’s motive and background leading up to committing the instant crime; (d) the Defendant’s age, character and conduct, environment, occupation, and family relationship; and (e) the sentence imposed by the lower court is somewhat unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the facts charged and the evidence admitted by the court below is as follows: (a) in addition to adding ‘the defendant's oral statement on the summary of the evidence to ‘the gap between the two and three partitions' as ‘the gap below'; and (b) in addition, ‘the defendant's oral statement on the summary of the evidence as stated in each corresponding column of the court below, it is cited 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 elective Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant
order to disclose personal information; or