(영문) 수원지방법원 2016.09.29 2016노2050 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.09.29 2016노2050

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

The gist of the prosecutor’s appeal grounds (unfair sentencing) of the instant crime is as follows: (a) the Defendant intruded into the public toilet screen, and approximately 50 minutes and approximately 50 minutes of the sentence; and (b) the Defendant taken the negative part of the victim, who reported the change of the victim’s use of the toilet, to enter the toilet, in which the victim entered the toilet, and was not very good, and (c) the Defendant took an attitude that denies the Defendant from committing the crime at the investigative agency, while denying the Defendant’s crime at the investigative agency, and the risk of committing the instant crime, the lower court’s suspended sentence of KRW 2,00,000, which is unreasonable.

Judgment

The court stated that the defendant's mistake is against the defendant, there is no history of criminal punishment, and that the victim does not want the punishment of the defendant.

However, the crime of this case is deemed to have taken pictures of the victim, which had been placed in the side partitions, waiting for the defendant to enter a 50-minutes of female public toilets for about 50 minutes, and the nature of the crime is not good. Considering the place and side page of the photographer, the crime of this case appears to have significantly caused sexual humiliation of the victim due to the crime of this case. The defendant taken pictures of the victim that other women are booming into the toilet even before the victim was taken, and there was a 2-3 female persons from the same place at around the same time in 2015, and other factors of the crime of this case such as the defendant's age, sex, environment, motive, background, means and method of the crime, and circumstances after the crime, etc., the above argument of the court below is justified.

As the appeal by the prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

Criminal facts

(b).

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