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(영문) 서울중앙지방법원 2016.12.09 2016노3495

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim and witness E who committed an indecent act or assault against the victim D (hereinafter “victim”) is difficult to believe that the victim and witness E committed an indecent act or assault against the victim.

B. The lower court’s sentence is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant committed an indecent act or assault against the victim, such as the facts charged, may be recognized based on such facts.

1 피해자는 수사기관 및 원심 법정에서, '지하철 7호선 고속터미널역에서 숭실대입구역 방면으로 운행하는 이 사건 전동차에 탔는데 C역쯤에서 피고인이 피해자의 신발 안쪽으로 자기 신발을 넣더니 무릎으로 피해자의 허벅지를 자꾸 비볐다.

It is judged that the defendant continued to do so without any referring to the "domination of gold," and "domination of gold."

One-way E has seen his sound to hear his sound and changed the name of the defendant.

The arrival at the subliminary zone and the front door is opened and many people get on and off, and the defendant took the face of the victim by raising his hand between his own E and shoulder.

In spite of the words of E, the young male, who was going to go from the train, was trying to go out by the Defendant, and was trying to go out again from the train while getting out of the train and trying to go out of a mountain, and the young male, who was going to go out, has closed the front door as is on the wind to go out by the Defendant.

On the other hand, immediately after the defendant's response, the 112 reporting server has been divided into a mobile phone, and the mind that the mind of the defendant is not sufficient due to shock from the defendant, and the mind that the defendant has to go through through the Bora basin.

At that time, in 112, “I am in contact if I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am in the closed-circuit image installed only in or on the platform in the front of police and sublim.