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(영문) 서울고등법원 (춘천) 2016.04.11 2015노111
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who was in a state of misunderstanding the fact or misunderstanding the legal principles on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent Acts by force on housing intrusion), invaded upon the residence of the victim D (hereinafter “victim 1”) by going beyond the window of the bath room through berara.

It is difficult to see it, and it is difficult to readily conclude that the victim 1 et al. and the victim 1 and H are the defendant, and it is difficult to believe the victim 1 and H's statements against this.

In addition, even if one defendant gets off the victim's body such as the victim, it cannot be seen as "shying" with the same 2,3 times as soon as possible during the process of influence.

2) The punishment sentenced by the lower court (three years of imprisonment, five years of suspended execution) is excessively unreasonable.

B. Prosecutor 1) The sentence that the lower court rendered unfair sentencing is too unhued and unreasonable.

2) It is unreasonable to exempt the Defendant from disclosure and notification orders of personal registration information for the exemption from disclosure and notification orders of personal registration information.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the facts charged in the instant case, and applied for the amendment of an indictment to add the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion on residence), among the facts charged in the instant case, to the preliminary charges on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Intrusion on Residence) as stated below, and the subject of the judgment was modified by this court. The primary charges constitute a case where there is no proof of a crime as seen below. As such, the part of the judgment below cannot be reversed. Since the facts charged in the instant case and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal

3. Thus, the judgment of the court below is examined above.

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