성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The lower court’s punishment (one million won of fine) is too unreasonable.
B. A prosecutor 1) According to the statement of the victim of mistake of facts, etc., the judgment of the court below acquitted the defendant on the grounds that the defendant obviously committed an indecent act against the victim within the subway train. The court below erred by misapprehending the facts. 2) The sentence of unfair sentencing is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On December 27, 2016, from around 19:15 to around 19:17, the Defendant: (a) was on board the train arriving in the subway G station of the subway 2 line; (b) the Defendant was committing an indecent act against the victim at the subway station, which is the place of public smuggling by continuously pushing the victim’s chests while moving the train to the C Station.
B. The lower court found the Defendant not guilty of this part of the charges on the ground that it is difficult to conclude that, with respect to the indecent act at the time of boarding, the Defendant committed an indecent act in light of the characteristics of the electric car in which the Defendant’s attitude and people are concentrated, and the victim’s statement, it is difficult to conclude that the Defendant committed an indecent act in the course of moving the train, on the ground that: (a) it is difficult to readily conclude that, with respect to the indecent act in the course of moving the train, there was a possibility that the Defendant had committed an intentional act in favor of the victim; (b) it is difficult to conclude that the electric car was attached to the victim without the Defendant’s moving in the situation where the previous car was mixed with the passengers during the time of leaving the train, and that the victim was able to avoid by bluent attitude, and that the physical contact was committed for a considerable
C. If a witness’s statement, including the victim of the party’s judgment, is mutually consistent and consistent with the facts charged, it would be objectively deemed objectively credibility.