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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.11.23 2016노2537
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, the Defendant merely entered a sobry female singing room at the time of the instant case, and did not engage in such conduct with a view to meeting his sexual desire.

B. The lower court’s sentence is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence examined in the lower court’s judgment as to the assertion of mistake of facts and misapprehension of the legal doctrine, it is recognized that the Defendant entered into a female away room to satisfy his/her sexual desire.

Considering the structure of the soup bank in Gwanak-gu in Seoul Special Metropolitan City, the calculation unit and the central stairs are passed, and the male spons's room is going out through the right stairs, and the female spons's room is going out through the left stairs.

In the central stairs, the wall of the Baro is marked as "man's watch in the direction of the male escape room" in the male mmene, and the female escape room" in the direction of the male escape room with a large color different from the color, so that it can be seen well.

At an investigative agency, the victim D told the Defendant to the effect that “The Defendant her walked on the side of the entrance of the escape room while she was under the influence of her body after taking a bath. The Defendant ceased to stop her snow with the victim, continuing to do so, and then her the victim changed her. The victim was in learning to other persons who were in the escape room with the victim, and the Defendant went away from the escape room.”

In light of the fact that the defendant's age, appearance, etc. accurately memorys the defendant's age, appearance, etc., and that the victim's words cannot be distorted, etc., the victim's words can be believed.

The defendant's behavior is not thought to be a general reaction that can be seen if the defendant's behavior is likely to be friendly with the woman's body that can be seen.

According to the end of F, the defendant was under the influence of soup worker F.

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