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(영문) 대구지방법원 2015.05.28 2014노3152
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant (De facto misunderstanding) entered a female toilet for reasons of an urgent and rapid snow history, the lower court found the Defendant guilty of the instant facts charged was erroneous in its determination.

B. The prosecutor (unfair punishment) sentenced by the court below to the defendant (2 million won of fine and 40 hours of sexual assault treatment program) is too unfluent and unfair.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination on mistake of facts, the Defendant’s assertion is without merit, since the fact that the Defendant invadeds on public toilets with intent to satisfy his sexual desire.

B. In full view of all the circumstances surrounding the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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