성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The punishment of the accused shall be set forth in six months.
However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 09:00 on September 14, 2017, the Defendant, within the dong line of subway No. 4 located in Seongbuk-gu Seoul, going towards the station of the Dongdaemun Station Cultural Park in Dongdaemun-gu. On September 14, 2017, the Defendant, even after the victim C (a name, female, 20 years of age), her her her her her her her her her her her her her her her her her her her her her her her her
Ultimately, the Defendant committed an indecent act on people in means of public transportation.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the police with regard to C (tentative name);
1. A copy of the 112 Report Processing Statement (the defense counsel of the defendant, although the defendant had danced with the victim's her amt, the defendant did not contain any fact that she did not satis, and even if there was an act identical to the facts charged,
Even to the effect that the defendant, who is the disabled in the second degree of intellectual disability, did not have the intention of sexual indecent act and did not have the ability or decision-making ability to discern things at the time.
그러나 피해자 C( 가명) 의 경찰 수사단계에서, 피고인은 범행 이전 지하철 내에서 다른 사람들 사이를 비집고 피해자의 뒤쪽에 붙어 몸을 밀착시켰으며, 피고인이 피해자의 엉덩이를 만지고 나서 피해자가 이를 피하고자 몇 차례 몸을 앞으로 이동했으나 계속해서 피고인이 뒤에 붙어서 손으로 엉덩이를 만졌으며 지하철이 E 역에 도착하고 난 뒤에는 양손으로 허리를 감쌌다고
was stated.
In addition, it was found that the defendant was wrong by searching the sexual indecent act in the subway using a mobile phone.
Along with the agreement and the agreement of the court;
was stated.
The victim's statement is consistent, concrete, and unlike others, it does not seem that there are any circumstances that make the victim's statement false.
In full view of the credibility of the victim's statement and the evidence such as D's statement in this court that participated in the process of attaching the defendant after the crime, the defendant is a victim, such as the facts charged.