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(영문) 의정부지방법원 2015.08.18 2014노1955

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged of this case by failing to exhaust all necessary deliberations on the difference and by failing to exhaust all necessary deliberations on the motive or reason that the Defendant denied the crime of this case at the police station. The court below erred in finding the Defendant guilty of the charges of this case by failing to exhaust all necessary deliberations on the difference, and by failing to exhaust all necessary deliberations on the motive or reason that the Defendant reversed the crime of this case by the prosecution and failing to exhaust all necessary deliberations on the motive or reason that the Defendant led to a failure to exhaust all necessary deliberation on the confession. The court below erred in finding the Defendant guilty of the facts charged of this case by failing to exhaust all necessary deliberations on the motive or reason that the Defendant committed the crime of this case.

B. Due to the victim's complaint, the defendant caused many passengers in the subway due to the fact that they were forced to go out of the situation, and forcedly commit an indecent act by force against the victim, only because there was fear that many passengers in the subway were forced to go out of the situation.

2. Determination

A. The statements made by one victim's investigative agency and court of the court of the court below in regard to the inconsistency of the reason and the argument of the lack of reason due to the incomplete hearing are as follows: "At the time when the original station passed, she has paid due attention to the following: (a) she has repeated the act of her mar for 20 minutes by hand; (b) intentionally her marcing his mar at the time when her marced marced marced mar in the green translation led to the Defendant's hand, etc.; and (c) her marced marced mar, and her marced marced marced marced to the Defendant; and (d) the victim's statements are consistent with the facts of the case.