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(영문) 대구지방법원 서부지원 2018.04.05 2017고단1273

준강제추행

Text

The defendant shall be innocent.

Reasons

1. On February 14, 2017, at around 23:05, the Defendant committed an indecent act by using those in a situation where the victim D(F, 40 years old) was seated at 6th seat next to the 1C seat when the Seoul FTX C train was in operation of the Daejeon-Tgu Section, and was seated at 1C seat next to the 6th seat of the 6th seat of the 6th vehicle, when the vehicle was in operation of the Daejeon-Tgu Section, on one hand, using those in a situation where it is impossible to resist due to locking.

2. The defendant asserts that the defendant was seated in the train, and was locked with the string of the strings, wearing the strings, and that he did not commit an indecent act on the victim's body.

In this regard, the victim appeared as a witness in this court, and "The defendant was faced with snow strokes from the time when he entered the vehicle, and was diving on the way when he was seated.

On the other hand, a man who is a man on board the defendant, tried not to locked while keeping a longer and at the same time, but he was unlocked among the books.

During that, in the Gap's side, the he shouldered the lock by sparing off his string, and as he shouldered, the defendant's slewd was in contact with the witness over the string and over the string.

Therefore, the Defendant made a statement that he would have been frightened by play, but the Defendant also taken the attitude that he was not able to do so.

Even according to the above statement, the victim was presumed to have committed an indecent act by the defendant, not by witness or experience of the act of the defendant as it was, but by the victim's scam being scam in the state where the victim was scam and broken off, and the defendant's arms were in excess of the scambling of the seat of the train. The details of the victim's statement and the following cases, the situation in the train at the time and the location of the defendant (the scam was turned on the guest room, and the seat of the defendant was used by the passengers), the defendant's clothes (the scam and the scambling was worn as it was), the defendant's clothes (the scambling and the scambling was worn as it was), and the circumstances in which the defendant was s