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(영문) 서울중앙지방법원 2016.04.01 2015고단5674
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 6, 2015, the Defendant committed an indecent act against the victim in the subway, a public means of transportation, by putting the Defendant’s sexual organ in front of the victim’s sexual organ, after the victim F (n, 22 years of age) between D stations located in Seoul and E stations along with subway 2, around 18:25, the Defendant committed an indecent act on the victim in the subway, a public means of transportation.

2. The Defendant asserted that there was no indecent act against the victim, such as consistently stated in the facts charged, from an investigative agency to this court.

In light of the following circumstances, it is not sufficient to recognize that the defendant committed an indecent act against the victim F with the intent to commit an act with the intent to commit an act on the part of the police officer G and the evidence submitted by the prosecutor, such as the victim F's statement in the police officer, the police officer G's statement in the police officer G and the police officer's statement, etc.,

A police officer G stated that “At the time, I reported that I would like to write off the victim’s appearance and return back to the latter several times, and that the Defendant was frightened after the victim’s body with a height of her chest, and the victim was confirmed to move the place (E) and was arrested as an indecent act (flagrant act) after checking the victim’s movement of the place.”

However, the police officer did not directly witness the defendant's indecent act, i.e., the part of his sexual organ, where the victim's sexual organ is her her butt.

In addition, since the situation was very complicated to the extent that it is difficult to move the place inside the previous vehicle at the time, the victim was on board in the Gangnam Station and the defendant was on board in the D Station. The victim entered the police station as to the situation at the time "........ people are too many in the previous season, and there was no possibility to avoid it.

People have been evised.

From the calendar, the Defendant stated that he was well-known by people, and the Defendant was also complicated in the police on that day.

Some women's portion is unsatisfy in the West.

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