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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.07.17 2014고단8083
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On August 27, 2014, around 08:20, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) the Defendant’s sexual part of the Defendant’s sexual flag is closely adhered to the victim’s her turb, but is closely adhered to the victim’s turb, located within the subway 2 line, which was operated as a alternate turd from the mar basin located in the Southern East East-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

2. In a judgment, the establishment of facts constituting an offense ought to be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that the prosecutor would lead to such conviction, the determination ought to be made in the interests of the defendant.

As shown in the facts charged in the instant case, there are witness D, E, and C’s legal statement, written statement, internal investigation report, voluntary criminal investigation report, investigative report, photograph of the video closure and video CD.

B. First of all, the images of the video CDs and the images of the video images are insufficient to recognize the facts charged in the instant case.

The above video is only attached to the victim after the defendant was on board the previous vehicle of this case until he left the vehicle of this case, and only they do not seem to have committed an indecent act against the victim, such as the facts charged.

At the same time, passengers were on board in a thick manner, and in the future, the defendant seems to have no sufficient space to freely move their body because the victim and the next side are almost fasted with male passengers.

If the victim had committed an indecent act, such as going back to the latter while in the previous vehicle, or tran the body, etc., the victim does not seem to have a good reaction.

C. Next, the victim’s investigative agency and legal statement are insufficient to recognize the facts charged or are not reliable.

The injured party shall in this Court.

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