성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding Defendant merely had physical contact with the victim within the subway, but did not have the intention of forced indecent act.
B. The sentence sentenced by the lower court to the Defendant (one million won in penalty) is too unreasonable.
2. Determination
A. Although the Defendant led to the confession of the facts charged in this case in the court of original instance, the Defendant argued that the confession made in the court of first instance differs from the legal statement in the appellate court, it is doubtful that the probative value or credibility of the confession is doubtful solely on the grounds that the confession made in the court of first instance differs from the legal statement in the appellate court.
In determining the credibility of confessions, the credibility of confessions should be determined in consideration of the following circumstances, such as whether the contents of confessions are objectively rational, what is the motive or reason for confessions, what is the background leading up to confessions, and what is contrary or contradictory to confessions among other evidence than confessions (see, e.g., Supreme Court Decisions 2008Do1994, Jun. 26, 2008; 2010Do2556, Apr. 29, 2010). Considering the following circumstances duly adopted by the court below and the evidence duly adopted by the court of this case, it is sufficiently recognized that the defendant intended to commit an indecent act against the victim at the time of committing the crime of this case, and the credibility of confessions made by the defendant in the court of the court of the original instance can be acknowledged as to the facts charged of this case:
The court below is just in recognizing the defendant's crime of this case as an indecent act in a concentrated public place, and there is no violation of law as alleged by the defendant.
(1) When the subway police corps, etc. were on duty of regulating sex crimes in E stations, the accused is faced excessively with the victim while boarding the train, and the accused is able to keep him/her out of it.