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(영문) 서울남부지방법원 2016.09.30 2015고단4852
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 16, 2015, around 18:35, the Defendant committed an indecent act on the part of the Defendant’s sexual flag attached to the part of the victim D (V, 19 years old) and attached to the part of the Defendant’s sexual flag, such as: (a) the Defendant committed an indecent act on the part of the Defendant’s sexual flag, i.e., the Defendant’s sexual flag was sealed, and attached to the Defendant’s sexual flag at his her her her her her mack, located in the top terminal station located in 162 Dong 162, Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Legal statement of the witness D;

1. Results of viewing video CD reproduction at the control site;

1. Statement made by the police against D;

1. The photograph of a dynamic image at the control site (the defendant and his defense counsel had a physical contact with the victim;

Even if there is no intention to commit indecent act, it is only an inevitable physical contact within a complicated electric car, and it is argued that there was no intention to commit indecent act.

However, the statements made by the victim in this court and in investigative agency are consistent and specific with the defendant's act, damage content, the victim's perception and response, and the situation before and after the crime, and there is no inconsistency with the result of viewing the video CD reproduction at the control site, and there is no circumstance that the false statement might be changed, and its credibility is recognized in light of the attitude of the statement in this court.

In addition, in the investigative agency and in this court, the victim "I saw that the victim was aboard the train at the speed of the high speed terminal station, seeing the sense that it was put before and after the time from the point of time to the point of time to the next calendar of action, I saw that I saw that I am on the gate by the entrance and put it up in the next calendar of action;

It is necessary to see that the person who was later at the time was her sexual part, but her traw part continued to be her sexual part.

Sheed with the part of the her gender, and continued to have been tightly adhered to the part of the her butt.

We look at the video of the crackdown police officer, but the male was completely closely adhered to the lower side of the lower side, and there was a lot of space around the lower side, but it is necessary to keep the lower part of the video.

Suppers time of withdrawal.

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