성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal by the defense counsel (definite or misunderstanding of legal principles) is as follows: (a) around 07:41 on March 20, 2014, the Defendant was on board the bus No. 652 of the light passenger n. 52 at the bus bus stops in Ansan-gu, Jung-gu, Jung-gu, Seo-gu, Seog-gu, Busan, and there is no fact that he committed an indecent act against the victim, such as
Nevertheless, the court below erred by misapprehending the legal principles on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, thereby finding the Defendant guilty of the facts charged.
2. Determination
A. On March 20, 2014, the Defendant: (a) 07:41 on March 20, 2014, 2014, she boarded the bus No. 52 (hereinafter “instant bus”); (b) around 07:55 on the same day, the Defendant she boarded the bus No. n. 52 of the light passenger (hereinafter “instant bus”); and (c) around 07:55 on the same day, the bus she was placed in the vicinity of the friendly apartment located in the same Guo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “the instant bus”).
Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.
B. The lower court found the Defendant guilty of the instant facts charged on the following grounds: (a) part of the Defendant’s legal statement; (b) the witness M’s legal statement in the lower court; (c) the prosecutor’s office and police interrogation protocol against the Defendant; (d) the police protocol against M; and (e) the recording record;
However, we cannot agree with the above decision of the court below for the following reasons.
C. (1) First, we examine the evidence of the court below.
(A) Some of the defendant's legal statements, the prosecutor's office of the defendant, and each protocol of suspect interrogation of the police officer's interrogation of the defendant are the fact that the defendant was involved in M in the bus in the above bus before he gets off the bus at the bus stop located in the memorial zone in Ansan-gu, Sinsan-si, and it does not include all the contents of the defendant's crime.