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서울남부지방법원 2016.08.12 2016고단1343

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 12. 8. 18:10 경 서울 서초구 D에 있는 지하철 9호 선 E 역에서 급행열차( 개 화 방면) 전 동차 내에서 혼잡한 틈을 타 피해자 F( 여, 30세) 의 뒤에 바짝 붙어 피해자의 엉덩이에 피고인의 성기를 밀착시키며 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the means of public transportation.

Summary of Evidence

1. Legal statement of witness F;

1. Results from viewing the reproduction of evidential pictures and CDs;

1. Statement made by the police with regard to F;

1. A written statement of F (the defendant and his defense counsel did not commit any indecent act against the victim, and even if there was a physical contact with the victim;

Even to the effect that there was no intention of indecent act.

However, the statements made by the victim F in this legal and investigative agency are consistent and specific with the Defendant’s act, content of damage, the victim’s perception and response, and the situation before and after the commission of the crime, and there is no inconsistency with the outcome of viewing the reproduction of evidentiary video CDs, and there is no circumstance that the falsity of the statements might be changed differently, and its credibility is recognized in light of this court’s attitude of statement in this court.

In addition, the victim saw that "A male who is not aware of the following, such as others from the ordinary marry, was tightly adhered to the lower, and her marbane was pushed back to the lower part of the sexual mar.

Modern her butt her butt her butt her butt her butt her.

At first, the same time was known only as her but also as her her butt was her, and the suspect was sherbly sherbly her but her even her even her, and became aware that her but her but her but her but her but her was her but her but her but her

In this Court, “The first pulmonary interest first appeared to be heated due to the heating that the pulmonary interest first occurred,” which began to terminate the right from that time, from that time, the embarrath of her sexually embarrast from the right side.

The pulmonary resuscitation has been growing.