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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the error of mistake (i.e., mistake of facts), the Defendant did not enter a female toilet on the ground that he would have stolen the body of the victim F and G or taken a cell phone camera.
With respect to an attempted violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant only attempted to shoot the above victim’s body by using mobile phones and did not intend to photograph the victim’s body. The Defendant immediately discovered the victim’s body, and failed to contain the said victim’s body in Kameras, and thus, did not commence the commission of the above crime.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (a fine of three million won) is too unreasonable.
2. Determination
A. (1) According to the evidence duly admitted and examined, the lower court’s judgment on the ground of erroneous determination of facts as to each intrusion on room room: (i) as to the entry into room around April 18, 2013, the Defendant left the second column of a female toilet for about one hour from around 22:31 to 23:25 on the day of the instant case; and (ii) on the day of the instant case, the Defendant, at around 23:24 on the first column of a female toilet for which the Victim F was til around 23:24 on the day of the instant case, could recognize the fact that the Defendant was aware of the fact that the Victim F was able to use the cell phone in the victim F. Accordingly, the Defendant did not stop in a male toilet, and reported melts in a female toilet, and then sping online into a smartphone.
Although the time has passed, the defendant's house is the 19th floor of the D building, which is a building with the above female toilets, and it is difficult to easily understand that the defendant's house was staying in a female toilet for a considerable period of time without returning home after completing melting his house. Rather, in order to steals women's body from the beginning, there is room for the defendant's house entering a female toilet to have dynastyed the target during that period.