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(영문) 부산지방법원 2017.12.22 2017노3367
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of one year and two months, the completion of 40 hours in a sexual assault treatment program, the number of death provided in No. 1, and the disclosure and notification of personal information between two years) is too unreasonable.

2. Ex officio determination

A. In the case of the instant facts charged, the lower court’s ex officio judgment following the amendment of indictment was required to apply for the amendment of indictment with the content that the part of the instant case No. 614 of the lower court’s 2017 High Order No. 1 as follows, and the instant court permitted the amendment.

Therefore, since the subject of this part of the judgment below was changed, this part of the judgment of the court below should be reversed, and the court below has a concurrent relation with this part.

In light of the above, the judgment of the court below should be reversed in its entirety.

1. Intrusion upon a structure;

A. On November 9, 2016, at around 18:30 on November 18, 2016, the Defendant: (a) stolen the entry of “F” private teaching institutes of the third floor “F” of the E building located in Busan Y (F), female toilets, and was waiting for the act of self-defense; and (b) stolen by means of cutting off the above G (F, 13 years old), who is an elementary school student attending the said private teaching institute, to see the melting side of the said G while waiting for the act of self-defense.

Accordingly, the defendant intruded on the building managed by others.

B. At around 18:00 on November 10, 2016, the Defendant: (a) was waiting in order to steals and self-defacing women’s toilets for women as described in the foregoing paragraph (a) to view the melting change; (b) then H (the age 31) who works in charge of finance at the pertinent private teaching institute in the form of the side column, she saw the melting side, she taken the urinals, taken the face, and see the above H’s melting the face.

Accordingly, the defendant intruded on the building managed by others.

[....]

B. The summary of the facts charged in this part of the judgment of the court below as to Article 8-b of the judgment of the court below is as follows: “The defendant is at the female toilet of X X 3 on February 6, 2017.

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