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(영문) 서울중앙지방법원 2016.04.22 2016고단463
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 27, 2015, around 08:25, the Defendant committed an indecent act against the victim in a public densely-populated place in the third column of the 7068 Jeon Dong-dong, Seoul, a subway No. 7068 toward the inner station from the subway No. 3068, a subway No. 7, a subway No. 3068 to the inner station, etc.

Summary of Evidence

1. Each legal statement of witness E and F;

1. In determining the credibility of the statements made by the victim, etc. who supported the facts charged, the court, when it recorded in the protocol of interrogation of the police against the defendant, shall not reject the statements without permission, unless there exist any separate evidence to deem credibility from the point of view that the statements made by the witness, including the victim, are consistent with the rationality, logic, inconsistency, or empirical rule of the contents of the statements themselves, or comply with the witness evidence or third party's statement after taking an oath before a judge, and the appearance or attitude of the witness who is attending the witness in the open court after taking an oath, and the appearance and appearance of the statement, which are difficult to record, are also evaluated as credibility by directly observing various circumstances (see Supreme Court Decision 2008Do7917, Jan. 30, 209, etc.). The victim cannot be viewed as an indecent act unless there is any evidence to see credibility from the point of time when the statements made by the witness, including the victim, are objectively consistent and consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 201201).

"The fact that the defendant prevented him/herself is recognized, and on the other hand, the time when the defendant met the victim is not simply a short time of the initial level.

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