성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
1. In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the Defendant of the facts that the Defendant committed an indecent act against the victim in means of public transportation due to rain, etc., while recognizing that the Defendant was sufficiently aware of the victim’s her her her her her her her her her her her her her her her her her her her her
2. Judgment on the prosecutor's grounds for appeal
A. On May 23, 2018, the Defendant committed an indecent act against the victim in any means of public transportation where approximately seven minutes of the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.
(b) Major evidence presented by the prosecutor presented as evidence is ① the statements of the victim, ② the on-site video images, ③ the statements of witnesses C and the video filmer D.
다. 원심의 판단 원심은 ① 피해자의 진술은 현장 경찰관의 암시로 인해 피해를 추측해서 진술했을 가능성이 있고 ‘피고인이 성기를 비볐다’는 법정진술은 최초 경찰진술에 없던 내용이 추가된 것이고, ② 촬영된 동영상에는 피고인이 성기를 비비는 장면은 피고인의 왼손 등으로 가려져 찍혀져 있지 않은데다가, ③ 목격자 등의 진술은 제대로 보지 못했을 가능성 때문에 공소사실에 대한 증명으로 충분하다고 할 수 없고, 출근길 붐비는 상황에서 다른 승객으로 인해 피고인이 피해자에게 밀착하게 되었을 수 있다는 이유로 무죄를 선고하였다. 라.
It is difficult to accept the judgment of the court below for the following reasons.
(1) First, the Defendant left the normal process of attendance, and secedes from the Defendant’s assertion.