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(영문) 인천지방법원 부천지원 2019.01.09 2018고단2510

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2018, around 08:58, the Defendant stopped in the subway 1 subway line. On May 28, 2018, when passengers get out of the subway station, the Defendant 1 was flicked to the victim C (V, 27 years of age) about 10 seconds of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place where the public is concentrated.

The defendant and defense counsel asserts that there is no fact that the defendant has committed any act as stated in the facts charged.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant's indecent act against the victim is acknowledged as stated in its reasoning.

The defendant and defense counsel are without merit.

① The victim took an oath as a witness in this court, and clearly stated that the Defendant committed an indecent act on himself at the time and place stated in the facts charged.

All statements concerning major parts, such as the defendant's specific form of indecent act, the situation before and after the case, and the emotional testimony and behavior that the victim saw, are consistent with the statements made by the investigative agency after being examined.

The content is born, detailed and specific to the extent that it can not be seen as having been done with false experience without direct experience.

In light of the victim's legal statement attitude, damage statements are sufficiently reliable.

The victim resisted the defendant at the site immediately after the indecent act from the defendant, and there is no room to request the defendant to reach an agreement in relation to the instant case. In order to mislead the victim to be punished for the crime of false accusation and perjury, and to mislead the defendant, the victim cannot be suspected to have made a false postponement at the site and made a statement of sexual crime damage.

(2) D also appears as a witness in this Court and take an oath, and the defendant gets her knife and her knife at his/her her her net.