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(영문) 서울중앙지방법원 2012.10.10 2011고정3313

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant shall be innocent.

Reasons

On March 10, 201, from around 15:34 to 15:44, the Defendant: (a) reported the victim H (25 years of age, n) who was seated on the side of the front door of the third guest entrance in the direction while the 164-dong-dong 164 was operating the G Station in the F Station while operating the G Station in the F Station, and was on the right side of the victim.

In addition, in order to satisfy his own sexual desire, the Defendant got off the victim's right side side knee (knee) in the right side of the victim's right side bucks and got off the victim's bucks again, and only three bucks in the victim's bucks.

이에 피고인은 항의하는 피해자에게 욕설을 하면서 자신의 오른쪽 팔꿈치로 피해자의 오른쪽 얼굴을 5회 정도 접촉하여 피해자가 "만지지 마세요"라고 말을 하자, 격분하여 피해자에게 "미안하다 야! 이년아 좃같이 생겨서 좃은 까봤냐, 좃같이 생긴게 "라고 하면서 약 10분정도 욕설과 추행을 하였다.

Accordingly, the defendant caused the victim to feel sexual humiliation and aversion.

Judgment

In other words, the following circumstances recognized by evidence duly adopted and investigated by the witness of this case: ① The witness of this case, who was investigated by the investigative agency, was erroneous in the part that "at the time when he was investigated by the police, he committed an indecent act by the defendant," and at the time of this case, he did not directly see the physical contact between the defendant and the victim, and the defendant was exposed to the victim's face, and the defendant took a bath for the victim." The witness of this case stated to the effect that "I was unaware of whether the victim was sexually indecent act at the time of this case." ② At the time of the investigation by the investigative agency, the victim H stated that "at the time of the investigation by the investigative agency, the defendant was investigated by the victim three times the buckbbbbbbs in the victim's seat, and then he took the victim's desire to do so.