beta
(영문) 서울중앙지방법원 2017.04.14 2017노305

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements made by the victim and the testimony made by the control police officer on the gist of the grounds of appeal (misunderstanding of facts), the defendant can be found to have committed an indecent act against the victim D.

2. In light of the following circumstances revealed by the evidence adopted and examined by the court below, the evidence submitted by the prosecutor alone was proved without any reasonable doubt that the defendant committed an indecent act against the victim as stated in the facts charged.

It is difficult to see it.

(a) The defendant has committed an indecent act against the victim at an investigative agency;

However, the overall purport of the confession was that “a person who was in front of the victim was sexually contacted with the victim’s sexual impulse, which would be a physical contact with the victim, without avoiding his/her body from another place, after being sealed by the victim,” but tried to avoid his/her body, but he/she did not physical contact with the victim because he/she did not avoid a large number of passengers, and led him/her to physical contact with the victim. Thus, his/her act was merely a result of being punished by the victim’s failure to avoid physical contact with the victim, and it was not an intentional act or an intentional act.

The defendant consistently denies the victim's her her her her her her her her son from the time of the above statement.

B. While the victim stated from the investigative agency to the court of the court below to the effect that “the Defendant was 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 her her

However, the victim’s statement that the Defendant 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 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 her her her her her her her her her her her her b