성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts) did not have any contact with the victim’s body, and even if there was a physical contact, this does not intentionally commit an indecent act against the victim as to whether the subway marries to have had any other contact.
B. The Prosecutor’s (unfair sentencing)’s sentence (an amount of KRW 3 million) sentenced by the lower court is too unhued and unfair.
2. Determination
A. We examine the Defendant’s assertion of mistake of facts.
Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, each victim’s investigative agency, the lower court’s trial, and the lower court court’s trial court’s each statement is deemed to have credibility, but solely on that basis, it was proved to the extent that there is no reasonable doubt that the Defendant committed an indecent act, such as the Defendant’s intentional act in the instant facts charged
It is insufficient to view it, and there is no other evidence to prove it.
① At the time of the instant case, a large number of people aboard the Defendant and the victim, and the victim was suffering from her m, but did not have been able to avoid her flock, but only her body was flick to remove objects in contact with the victim.
② At the time, the Defendant: (a) was hicked in one hand; and (b) was rhhhyd in other hand with a cell phone; and (c) was rhyd in order to keep the knick in the upper half of the body.
The Defendant: (a) placed an son’s seat on the left hand; (b) placed his cellular phone; and (c) placed Bok’s white on the right upper part of the right upper part; (c)
The victim asserted that he was the Defendant’s seat and the cellular phone to the left hand, and that the Defendant was able to be located in the left upper part of the left upper part.
was stated.
The statement about the location where the defendant was able to possess the article is what kind, but the statement about the type of the article held by the defendant is consistent.
The hand, which is considered to have committed an indecent act, refers to a mobile phone.