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(영문) 수원지방법원 2017.05.11 2016고단6079
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant: (a) around 21:54, around 2016, around 10:10, around 10 seconds-dong, Yeongdeungpo-gu, Seoul, passed through the subway Station of Yeongdeungpo-gu, Seoul subway Station 2 located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 385, with approximately 10 seconds away from the left side of the cell phone, which was located in the part of the victim D (one name, half, 26 years old) located in the new railway station in the new railway station.

Accordingly, the Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Statement made by the police with respect to D;

1. A report of voluntary accompanying, and a list of reported cases;

1. A criminal investigation report (Attachment of the text at the time a report on damage is filed), and text at the time the damage is reported;

1. A criminal investigation report (attaching photographs taken by the injured party);

1. Recording and reporting on recording [The defendant did not commit an indecent act against the victim] The following circumstances acknowledged by each evidence, i.e., ① the victim was committed by the defendant from the investigative agency and this court until the victim had committed an indecent act as stated in the above criminal facts:

A consistent and specific statement is made by the victim, there is no reason to make a false statement detrimental to the defendant even when the victim is in charge of punishment for perjury, and there is no reason to see that the statement is false; in light of the victim's attitude of the statement in this court, it is reliable in the victim's statement in light of the victim's attitude of the statement in this court; ② the victim's sprink part on the left hand of the victim's cellular phone is limited to the victim's cell phone, and the victim's sprink part on the driver's sprink part on the victim's cell phone is cut off, and the victim's sprink part on the part of the victim's cell phone was moved over to the victim's relative, and the male-child

On the other hand, the victim's photograph was stamped by the victim's Hand, and the victim was the defendant who was marked on the photograph, and the seal was marked on the yellow, and ③ at the time of the instant case, the boom was not time.

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