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(영문) 서울고등법원 2014.11.13 2014노2274
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts at the time of the instant case, even though he did not influence the body of the victim and did not influence the sound, the lower court erred by misapprehending the legal doctrine.

B. The sentence of imprisonment (five years of imprisonment) imposed by the lower court on the ground of unfair sentencing is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the victim, namely, on the day of the instant case, the victim stated the police specifically and clearly to the effect that "the defendant was unable to put the door about to go from the toilet side partitions, putting the fingers under the direction of the victim and the victim, and only used the fingers under the inner clothes," and "at the time of the instant case, the defendant was not able to put his fingers into the inner clothes, and was able to use the fingers above the inner clothes," and "at the time of excessive playing, the defendant did not want to get off the victim's clothes or fingers, and the defendant did not want to get out of the victim's body, unlike other damaged facts." In light of the fact that the victim did not make a statement by exaggeration the degree of damage only to the fact that the defendant was suffering from a part of the defendant's body, unlike other damaged facts, the court below erred by misapprehending the facts of mistake of facts.

This part of the defendant's assertion is without merit.

B. There are favorable circumstances for the Defendant, such as the fact that the Defendant, who made a judgment on the assertion of unfair sentencing, led to the confession of most of the instant crimes, and the mistake is divided, and the Defendant is expected to be able to improve his personality and behavior at the age of the young age of 26.

However, the crime of this case was committed by the defendant due to intrusion into female toilets of apartment buildings, which are public places, and attempted to rape the victim.

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