성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant shall be innocent.
On April 16, 2014, at around 08:20, the Defendant, in the factory room, boarded the victim in the front-time vehicle operated in the alternate calendar direction from the 2nd line station located in the Dongjak-gu Seoul Metropolitan Government, to shift from the 3rd line station to the direction of the shift station. On the other hand, the Defendant committed an indecent act against the victim in the front-time vehicle, which is a place of public smuggling, by closely sticking the victim’s her amb and her ambel to the discharge station from the subway station to the discharge station.
However, as evidence supporting the instant facts charged, a victim’s statement in the investigative agency and court, and a police officer’s investigation report and statement in court on the details of crackdownD, and according to the evidence above, it is recognized that the Defendant committed an indecent act against the victim first, and that the Defendant and the victim committed another indecent act against the victim again, regardless of whether the Defendant and the victim committed an indecent act.
Police Officers D stated that, after moving from the court room to the defendant, the defendant was able to move twice a short distance from the watch station, the above women's behind the above women, who followed the short test run, and subsequently, they are still attached after being pushed. In the discharge station, the people were able to get off and get off, followed by the victim after the change of the location, and then E committed an indecent act against the victim.
However, even though the victim knew that the group of the victims is even attached to the investigation agency, it was not thought that the group was indecent act because of many people, and thereafter, he made a statement to the effect that E was aware of the indecent act, and in the court, the issue of the accused's indecent act is entirely known and only the indecent act of E, and there was no way to avoid the indecent act because of the excessive number of people.
In other words, since there are many people who cannot avoid being aware of the indecent act inside the previous vehicle at the time, considering such circumstances, it is difficult to conclude that the statement made by D and the victim alone committed an indecent act against the victim, and it is different from the facts charged.