성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
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. Although the Defendant committed the instant crime, the Defendant infringed on a female toilet for the purpose of meeting his own sexual desire, and the nature of the crime is bad, although the Defendant was found to have committed the instant crime, the Defendant’s punishment imposed by the lower court is somewhat unreasonable in light of the following circumstances: (a) the Defendant was found to have committed the instant crime, which is a relatively old university student under the age of 23, with no criminal power; and (b) was deemed to have committed the instant crime under the influence of alcohol; (c) at the time of the trial, the Defendant expressed his intention that he would not want the Defendant’s punishment by mutual consent with D, E, which was in female toilets at the time of the trial; and (d) other various circumstances on the sentencing conditions indicated in the record, such as the circumstances before and after the commission of the instant crime, character and conduct of the Defendant, the Defendant’s environment, and family relations.
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, except for adding "1. The defendant's oral statement" to the summary of the evidence in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369
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 and Selection of Fines;
1. A fine of three million won to be suspended;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the Detention in Labor House.
1. As seen earlier, Article 59(1) of the Criminal Act provides for the suspension of sentence.