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(영문) 서울중앙지방법원 2016.09.30 2015고단7747
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On August 20, 2015, around 18:26, the Defendant committed an indecent act against the victim in a manner in which the Defendant’s sexual organ is closely adhered to the victim’s her mack, her mack, her mack in a dynamic vehicle operated in alternates of the Seoul subway No. 2 located in Gangnam-gu Seoul, Seoul, to the alternates of the Defendant’s macks, after the victim G (V, age 31)’s macks.

2. In light of the following circumstances, it is insufficient to recognize that the evidence submitted by the prosecutor, such as the victim G police and court statements, police officers H and I’s legal statements, etc. is insufficient to recognize that the Defendant committed an indecent act with the intent to commit an indecent act against the victim, and there is no other evidence to acknowledge this otherwise.

- The cell phone screen image taken by H police officers at the time is set even after the victim's am in front, and some of the victim's am in front and part of the defendant's body are in contact with the victim's am in front. However, the defendant's intentional am in front or unhued am in front of the victim's am in front or in part of the victim's am in front of the victim's am in front of the victim's body does not seem to have any way to avoid either the back of the victim's am in front or the victim's body

However, such a face is not taken. - The victim stated in the police and the court that "at the time, the defendant was pushed a sexual organ, and the her her sent was shotly hidden when her her sent was contacted." However, according to the records, the defendant was found to have carried a cell phone with his her mobile phone and made a telephone call for about 33 seconds before her arrival at F Station around 18:23 on the day before her arrival at around 18:23, and he was found to have carried a cell phone and her mobile phone immediately after her arrival at the time of her contact. Therefore, in light of these facts, it is highly probable that the damage was caused by a cell phone with heavy sense that she was slick at the time of her contact.

- Even if the Defendant’s sexual organ was contacted with the victim’s her butt, it is difficult to move the front her inside at that time.

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