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(영문) 의정부지방법원 고양지원 2017.08.25 2016고단3655
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. On August 12, 2016, the Defendant: (a) boarded the train of subway No. 5 on the subway No. 22:00 on August 12, 2016; and (b) went through the erode station of 163 in the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul, where the victim C (a name, leisure, 18 years old) was seated on the side of the Defendant’s seated by hand.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

2. Determination

A. According to the victim’s police testimony and legal testimony, the purport of the following is that “the injured person was able to write down the victim’s right side buckbucks around the right side of the right side of the right side of the victim around the time when the injured person gets on and off the line of Kimpo Airport 5 Kimpo-si, and the offender was 40 to the latter half of the 30th half and the first half of the 170cm, which is kid by a man, and fluent, and fluent light was fluent off, and the Defendant was a criminal offender.”

B. According to the police investigation report, statements from victims and E investigative agencies and the court, the following facts can also be recognized:

(1) The victim shall have been investigated by the police 13 days after the date of the case, and only one photograph of one week after the lapse of 13 days after the date of the case is presented to the offender.

Statement was made to the police.

The photograph is the form immediately after the CCTV of the defendant was cut down from the subway, and the hand does not see drinking-water cups.

(2) In addition, the Defendant does not use drinking water and cups even after the CCTV caps taken by the Defendant prior to the boarding of other subways.

③ E was on board a subway, such as the victim and the offender, and the offender cited the physical disease at the time of the instant case, and the offender cited drinking water, but whether the Defendant was a criminal or not is correct memory.

was stated.

In addition, in the police investigation process, whether the defendant is not a criminal defendant after being given a few photographs taken by him/her.

of this section, the Corporation has been formally asked.

was stated.

(4)

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