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(영문) 서울북부지방법원 2016.05.19 2015고단4438
준강제추행
Text

The defendant shall be innocent.

Reasons

1. Around September 15:00 on September 7, 2015, the Defendant committed an indecent act against the victim by using the victim E (the 20-year age), who was on the right side of the subway No. 1 in Incheon, and was seated, seated in the front line of the subway No. 1 in Seoul Special Metropolitan City, Nowon-gu (the 20-year age), making use of the victim’s condition that he was unable to resist by making use of the victim’s shoulder and chest part, and making several contacts over five minutes with the Defendant’s arms.

2. The statements made by witnesses F in the court and investigative agency that correspond to the facts charged in the instant case are difficult to believe in light of the following circumstances, and other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

(a) F has continuously contacted the victim’s chest with the Defendant’s arms going to the left side for a considerable time;

was stated.

In that sense, the victim was unable to feel the Defendant’s indecent act at all.

was stated.

Although the victim was locked, the place is not likely to have been defrisoned into the electric train of subway. Nevertheless, it is doubtful as to whether there was an indecent act such as F’s statement, which is difficult to easily understand that the victim was unable to feel any physical contact with her chest for a considerable period of time.

In addition, it is not easy for one defendant to contact the victim's chest who is diving with his body in the future only with the elbow, not the hand.

B. F made a statement to the effect that the Defendant returned his arms several times and committed an indecent act on the victim’s chest. It appears that other passengers other than F other than F did not act against them, and the Defendant’s wife seated in the seat fit for the Defendant did not witness that the Defendant did not act as a matter of course.

was stated.

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