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(영문) 부산지방법원 2020.12.18 2020노3415
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed mistake of facts and misapprehension of the legal doctrine, only entered a female sacrife or a escape room to bring a secret in female sacrine, and did not intrude into the said place with a view to satisfying sexual desire.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (six months of imprisonment, etc.) by the lower court is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment, and the lower court rejected the Defendant’s above assertion by providing a detailed statement on the determination of facts and misapprehension of legal doctrine.

In addition to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, F and G, etc. investigative agencies, which were at the time of the instant case, together with the victims’ statements, and support the credibility of the statements, the defendant may fully recognize the facts that the defendant invadedd a female saf or a saf for the purpose of meeting the sexual desire like the facts charged in the instant case.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. The instant crime on the assertion of unfair sentencing is an intrusion upon a female friendship or a sloping room, which is a public use place by many unspecified people, and the criminal liability is heavy in light of the details and contents of the crime, and the method thereof.

The victims have yet to appeal for mental shock due to the crime of this case.

On the other hand, although the defendant denies that there was sexual purpose, it was an inappropriate act that had been invaded by women's friendship or sloping room prior to cleaning time.

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