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Reasons
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(영문) 서울고등법원 2014.06.12 2014노446
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles or mistake of facts, the defendant can be deemed as an indecent act against the victim's hand who was divingd with his clothes, and in light of the defendant's actions before and after intrusion on the victim's residence, it can be recognized that the defendant had the criminal intent to commit an indecent act against the victim, but the judgment of the court below that the defendant did not constitute an indecent act against the victim, and that the defendant did not have the intent to commit an indecent act against the victim, was erroneous in the misapprehension of legal principles as to the crime of indecent act by compulsion, or in the misapprehension

B. The sentence (three million won of a fine) imposed by the lower court on the ground of unfair sentencing is too uneased and unreasonable.

2. Determination

A. On September 23, 2013, around 02:00 on September 23, 2013, the Defendant entered D by means of entering the password and passing through the entrance door to close automatic entrance door or passing through the entrance door. At around 02:04 on the same day, the Defendant discovered that the house visit of the victim F (or 22 years of age) was opened, and opened a house visit of the victim, and went into the victim’s house, who was divingd with the victim’s hand by hand, and went into the victim’s house, and went through the victim’s house, and the victim was forced to resist due to the victim’s failure to resist the victim’s residence. The offense of indecent act by compulsion was committed not only in cases where the other party’s assault or intimidation against the victim’s residence but also in cases where the other party’s indecent act was committed, but also in cases where the other party’s indecent act was committed.

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