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(영문) 대구지방법원 2018.07.19 2018노1518
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentencing of the lower court (ten months of imprisonment and 80 hours of order to complete a sexual assault treatment program) on the gist of the grounds of appeal is too unreasonable.

2. An ex officio judgment prosecutor filed an application for change of the name of the crime, the applicable law, and the indictment to change the facts charged in the trial, and the judgment of the court below cannot be maintained as the case is changed by this court’s permission.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided after pleading.

[Re-written judgment] The defendant, on September 29, 2017, was in front of a female toilet installed in the NAF in the building of NAF at Sejong-si around 17:03 on September 29, 2017, and when women using the place enter the above female toilet for the purpose of cutting away the appearance of melting it, and after the above female toilet entered the first female toilet, the above female toilet for about 17:04 on the same day, using the hole c, F, 17:18 on the same day, around G, 17:22 at around H, and then stolen the appearance of melting a melt from the second side column, and then, around 17:27 on the same day, around 17:27, the first day came into the third side column, and intrudes the above I, which is the above female toilet, and then managed by the NAF.

Summary of Evidence

The defendant's statement in the trial of the court below is the same as the statement in the corresponding column of the judgment of the court below except for adding Eul.

Application of Statutes

1. The reason for sentencing on the pertinent legal provisions regarding criminal facts and Article 319(1) of the Criminal Act regarding the selection of punishment for a criminal offense was that of a violation of the Special Act on the Punishment, etc. of Sexual Crimes (hereinafter referred to as Kameras, etc.) and a violation of the Special Act on the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes). While the defendant was sentenced to a suspended sentence of one year, he/she was sentenced to a suspended sentence of one year and was sentenced to a suspended sentence of one year, he/she infringed on a female toilet

On the other hand, the defendant acknowledges his mistake, and is with women subject to crime.

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