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(영문) 수원지방법원 2016.07.21 2016노829

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal (misunderstanding the facts) stated in the court of the court below that "F made several times by Handphones on the chest part of the person's chest, and thought it to be the behavior of the person, and the direction of the person driving on the chest with Handphones and the direction of the person driving on the buckbucks was the same." The person driving on the buckbbbbbbbs in the direction of the person driving on the chest by Hand was located on the right side after the right side from the person's location, and according to the buck box image, it is confirmed that there was another man driving on the F, but the above male was an indecent act even before this point was confirmed that F was committed by the victim on the bus, but it was not identified in the direction of F, and there was no special circumstance in the movement on the part of F, and there was no movement on the buck, other than Defendant F.

In full view of the fact that there is no person to see it, and that only the defendant can see the F continuously from the right angle behind the right angle of F or check the direction of head and body several times, the defendant can recognize the fact that the F's buckbucks were forced to commit indecent acts.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

2. According to the evidence duly adopted and examined by the court below, the court below held that the defendant was on board the bus of 10,000 won and viewed the side in the lower sentence.

From the right side of the F, the F was in the direction to look at the right side of the F, and the F was in the vicinity.

Although someone group was found to have met Fbucks by hand, the following circumstances that can be recognized by the evidence, i.e., the investigation agency and the court of the court below, consistent from the investigation agency to the court of the court of the court below, that the F did not regard as a person who carried out bucks.

A statement, (2) a bus of 0,000 won.