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(영문) 의정부지방법원 고양지원 2020.01.09 2019고단1557
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

At around 07:00 on March 17, 2019, the Defendant, who was divingd at the "C Sarina" inland waters room of the victim D (22 years of age), was in line with his/her sexual donation level to the right side of the victim D (22 years of age), and was in line with his/her clothes, and the victim met his/her sexual donation level by inserting his/her hand into his/her clothes, and the victim meted his/her sexual donation level to the victim, and the victim sleeped his/her smoking room to smoke in order to smoke tobacco in order to smoke, the victim sleeped his/her tobacco to the smoking room, and the victim re-entered his/her finger to the above body and added his/her body to the victim.

Accordingly, the defendant committed an indecent act against the victim in a concentrated place with the public.

Summary of Evidence

1. Partial statement of the defendant;

1. The reasons for determining the guilty of witness D’s legal statement and the defense counsel asserted that the victim could not properly see the offender, and that the victim was confused with the criminal who committed an indecent act on his own, and that there was no indecent act against the victim.

However, the following circumstances revealed by the evidence duly adopted and examined by this court, namely, ① although the victim was able to do so, the victim's gymnasium gymnasium in the instant case where she committed an indecent act, the green was used in the victim's gymnasium, the victim's gymnasium was seen as showing the face immediately next to the person in the gymnasium when considering the victim's adaptation to leaving gymnasium, and the victim was able to identify the offender's face immediately next to the gymnasium and consistently stated as the defendant. ② The victim gymnasiumd with the offender immediately following the gymnasium committed an indecent act gymnasium, it was difficult for the victim to smoke in the smoking room, and the offender also was also in the smoking room.

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