logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.07.24 2014노4566
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not rhym the Victim’s arms or have her butt tock, and thus, the lower court found the Defendant guilty of the facts charged in the instant case.

2. According to the evidence duly admitted and examined by the court below and the court below, the following facts can be acknowledged, and the appraisal written by the president of the National Institute of Scientific Investigation and Data submitted by the counsel are not interfered with the above recognition.

① After the occurrence of the instant case, the victim was present at the police station for about six hours after the occurrence of the instant case and stated the facts of damage in detail on the Defendant’s speech and clothes, the method of indecent act, the circumstances after the indecent act, etc.

(2) The victim appeared as a witness in the court of original instance and testified, and the statements of the victim are consistent with all important parts of the police.

③ According to CCTV images installed inside a bus, the victim can check the shape that the victim would come up with the defendant's seat at the right side, and then go out to the corridor that occurs on the hallway, and then divide the defendant's talks with the victim.

This is consistent with the statements of the victim, CCTV images support the credibility of the victim's statement.

④ At the time, the victim was on board in the name of a passenger who was at the age of 20 and went to the Gsung University. Although the victim did not suffer from the injury of indecent act by compulsion, it is unreasonable to view that the Defendant would be the motive for creating a false crime of indecent act by compulsion, which is not actually against the Defendant, solely on the ground that the Defendant was merely a seat next to the Defendant, seated, snicking, smelling, or taking a bath.

(5) The defendant, under investigation by the prosecution, seems to have never made a false statement, while making it difficult for the victim to do so.

arrow