(영문) 서울동부지방법원 2020.10.16 2020노368

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(영문) 서울동부지방법원 2020.10.16 2020노368

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged in this case even if the defendant committed an indecent act against the victim as stated in the facts charged in this case.

2. Determination

A. On July 14, 2019, at around 16:30, the Defendant started from the subway No. 5 Station of the subway No. 657, as Seoul Special Metropolitan City Gwangjin-gu, and started from the subway No. 5 Station of the subway No. 5, which is located in the 571, the Seoul Gwangjin-gu Seoul Special Metropolitan City, and started up on the side of the victim B (the victim’s name, leisure, 26 years old) and opened up on the front side of the subway No. 5, which is located in the 5-ray of the subway No. 5, the 5-ray of the subway No. 571.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

B. In full view of the following circumstances acknowledged by the record, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence submitted by the prosecutor alone cannot be deemed as proven beyond reasonable doubt.

(1) In light of the following circumstances revealed by the record, it is difficult to believe that the victim’s investigative agency and legal statement that correspond to the facts charged in the instant case are true.

① After the occurrence of the instant case, the victim stated in the statement that “the Defendant was knee and knebbbbbbbbs in the victim’s kne and kne,” but in the police investigation, the Defendant stated that “the Defendant was seated with the victim’s kne and knenee. The Defendant was seated with the victim’s knebbbbbs.” The Defendant stated that “the Defendant was driving on the victim’s knebbbbbbs once in a canter.” In the court of the lower judgment, the victim’s statements on the body part that was committed by the indecent act and on the form

(2) A witness C shall be present at the seat of the defendant in the court of original instance.

유사 판례

-서울동부지방법원 2014.12.19 2013고단3300

-서울남부지방법원 2016.12.07 2016고단191

-서울남부지방법원 2017.03.15 2016고정1832

-서울남부지방법원 2013.09.24 2013고단2429

-서울동부지방법원 2013.05.30 2013고단124