성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. There is no fact that the Defendant made a misunderstanding of facts with the victim's body contact or commits an indecent act against the victim as stated in the judgment of the court below.
B. The lower court’s sentence of unreasonable sentencing (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On September 12, 2014, around 19:38, the summary of the facts charged and the judgment of the court below (i.e., the defendant found the victim C (V, 20 years old) who takes a part in the street from the subway line 1 in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, using the difference of the surrounding area in the reverse railroad line 1 in the direction of the railroad station, and finds out the victim C (V, 20 years old) who takes part in the old railroad station after getting close to the people, and the victim's sexual organ was replaced by the victim's body.
Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.
(2) The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.
B. As examined below, it is difficult to view that the facts charged are proven to the extent that there is no reasonable doubt solely with the victim C’s investigative agency and the statement of the court below’s legal statement, the statement of the enforcement officer D's legal statement and voluntary report of the enforcement officer, etc., and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to
(1) Even if the investigative agency of the victim C and the victim C in the court below’s statement in the court below recognized its credibility, it is not sufficient to recognize the facts charged by itself, and the specific reasons are as follows.
㈎ 피해자는 이 사건 당일인 2014. 9. 12. 경찰에 진술서를 제출하면서, "구로역에서 잠깐 내렸다
A man who was later on board was embarracing her butt.
In addition, male who had been on the right side from among subway lines.