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(영문) 서울중앙지방법원 2014.08.13 2014노1637

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant: Fact-finding (not with the intention of committing an indecent act against the victim);

2. According to the evidence duly adopted and examined by the court below and the court below as to the grounds for appeal (in particular, the crime scene video CD), the defendant was seated on the left side of the victim C within the previous car, the victim C confirmed that the defendant's hand in contact with his left side bucks, and then taken a cell phone after checking it. The above video CD was sealed by the defendant's hand on his hand under the influence of leaving the left hand on the right buckbucks, and then was sealed on the left hand of the victim's left hand on the upper part, and then, the defendant was able to move to the victim's left part in order to stop indecent conduct, and thereafter, the defendant was able to move to the victim's left part in front and reported to the victim's left part, and the defendant was able to move to the victim's left part in front of the next part of the victim's hand, and then, the defendant was able to move to the victim's left part.

According to the above facts, the defendant was found to have been able to commit an indecent act on the left side of the victims in the previous vehicle, and the left hand was committed by the victims in a manner that they committed an indecent act on each left side of each side of the victims. As above, it should be deemed that he had the intent to commit an indecent act in that some of the "on the left hand hand" was committed on the left side buckbucks of the victims.

Defendant’s assertion of mistake is not accepted.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.