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(영문) 대전고등법원 2015.07.17 2015노219
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Judgment on the Grounds for Appeal

A. Summary of the Reasons for Appeal 1) misunderstanding of facts: Although a defendant had an intentional intrusion on his residence, the court below acquitted him of this part by misunderstanding of facts. 2) An unreasonable sentencing sentence: The sentence imposed by the court below on the defendant (the sentence of KRW 2 million in fine) is too unfeasible and unfair.

B. First of all, the prosecutor's argument of mistake is examined.

1) The lower court determined the following circumstances as indicated in its reasoning: (a) around 12:00 on June 23, 2014, the day immediately preceding the date indicated in the facts charged, that is, the Defendant 4 persons, including friend, around 12:0, play together with Gcondo 116, and drink in Gcondo 19:00 on the 19:00-day day after drinking alcohol in Gcondo fluor fluor; (b) 22:00 on Gcondo fluor fluor fluor 207; (c) fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor for fluor.

(3) As indicated in the facts charged, D private stay (hereinafter “instant private stay”)

A. At approximately 200 meters away from the above gate, the 3th floor of the instant private house exists in addition to the victim E's house, and the above 4 units are installed between the two sides. The E's house is located at the end of the corridor, and the defendant's floor was arrested immediately after the date stated in the facts charged.

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