성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) and the evidence submitted by the prosecutor, the defendant sufficiently recognizes the fact that the defendant committed an indecent act against the victim in the subway as stated in the instant facts charged.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. On May 23, 2019, the Defendant: (a) boarded the C Station located in Suwon-si, Suwon-si, Suwon-si, to the Damop Domp Domp Domp (Y, 30 years old); (b) laid off the victim’s Domp Dom Dom Domp; and (c) laid off the victim’s Dom Dom Dom Dom Dom Dom Dom Dom Dom Domp
Accordingly, the defendant committed indecent acts against people in a densely concentrated place.
B. The lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence alone presented by the prosecutor alone was insufficient to recognize that the Defendant intentionally fucks or bucks caused the victim to commit an indecent act, and that it was insufficient to recognize the victim’s bucks by hand.
C. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and examined evidence, the Defendant’s intentional act of indecent act can be acknowledged as having committed an indecent act against the victim’s body as indicated in the instant facts charged.
Therefore, the prosecutor's argument of mistake and misunderstanding of legal principles is justified.
1. From the investigative agency to the court of the court below, the victim "at the time of the instant case, there were many empty seats in the subway rolling stock, and the electric rolling stock was not seriously shaking, sudden stop, or sudden stop, but the defendant hardened the victim's body on the back side of the victim's left side, as the defendant goes beyond the victim's right side, and she sits on the victim's left side throbbbbbbbbbs.