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(영문) 인천지방법원 2016.04.29 2015노4337
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of the suspension of the execution of six months of imprisonment, 80 hours of community service order, and 40 hours of sexual assault therapy) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s authority is examined ex officio prior to the judgment on the grounds for appeal by the Defendant, the Prosecutor applied for changes in indictment with regard to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purpose) among the facts charged in the instant case, which changed the part concerning the charges of intrusion into charges for the following crimes, and the subject of the judgment was changed by this court. Thus, the judgment below

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

1. On January 5, 2012, around 23:00 on January 5, 2012, the Defendant invadedd the structure of the Defendant, in order to see the appearance of many unspecified women in a male and female public toilet, which is a building managed at D main points located in the 1st floor of the Yacheon-gu, Yacheon-gu, Yacheon-gu, D, the first floor of the building, and to see the appearance of E (the age of 31) and F (n, the age of 28) in order to keep it down.

2. On November 30, 2014, the Defendant, at around 10:00 on November 30, 2014, committed an indecent act by intrusion on the victim’s structure and forced indecent act, in female toilets located on the first floor of Mapo-gu Seoul Metropolitan Government G G Building, in a manner that many unspecified women can see the appearance of the appearance, and intrudes into the above female toilets, and the victim H (the age of 22) (the age of 22) entered the change column of the above female toilet room, and did not lock the door, and embling the victim with a view to committing an indecent act by forcing the victim by forcing him to do so.

3. Persons, May 27, 2015.

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