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(영문) 서울중앙지방법원 2016.09.30 2016노1993
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) victim G (hereinafter “victim”).

The defendant was identified as an offender through the method of confirming closed circuit images in the subway station by reporting the damage following the damage to an investigation agency.

It is highly likely that the third party, even though he is an offender, has been mistakenly identified as the defendant or has committed an indecent act on his body.

The lower court erred by recognizing the Defendant’s indecent act solely on the basis of the victim’s speech which was inaccurate due to misunderstanding.

2. Determination

A. The summary of the facts charged is that the Defendant, around August 24, 2015, entered in the Dongjak-gu Seoul Metropolitan Government Nowon-ro 130 public complaint, “Seo-gu D” is a clerical error and thus correct.

In the subway 9 subway stations in Seocho-gu, Seoul, the victim was her k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's

B. Although part of the victim’s horses at the court is different from the horses at the police station or becomes more clear, in light of the time and circumstances of the victim’s initial police’s statement and report, attitude of the victim’s statement in the court at the time of the prosecution, etc., the victim’s speech may be believed.

In light of the facts charged, the charges were convicted.

(c)

In full view of the following circumstances admitted by the lower court’s judgment and the evidence examined by the appellate court, it is difficult for the person who committed an indecent act as stated in the facts charged to the victim to have been convicted by the evidence presented by the prosecutor alone.

(1) Examining the specific process of the offender and the scope of confirmation by the closed circuit image, the Defendant was on board the same partitions as the victim, in addition to the fact that the Defendant was on board the instant rapid train.

Devinced is difficult.

The victim reported the damage on the following day to the police, and the E Station platform in the service office of subway No. 9 along with the police officers.

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