(영문) 수원지방법원 2016.05.19 2015고단4864

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(영문) 수원지방법원 2016.05.19 2015고단4864

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On October 10, 2015, the Defendant: (a) on October 19, 2015, in the C bus in which he was operating the downway in the direction of Busan on the Gyeong-gu, Young-gu, Young-si; (b) on October 10, 2015, the Defendant was seated in front of the back of the bus at the seat of the victim D (the age of 22) where he was seated in the back of the bus; and (c) he committed an indecent act on the part of the victim on the bus, which is a public means of transportation, such as repeated leakage of the victim’s right breast part on the left part of the blue.

2. The summary of the defendant's change may not be whether or not the defendant has contacted the body of the defendant and the victim due to the movement of the bus, but the defendant has intentionally committed an indecent act against the victim.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction should be based on the evidence of probative value that makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). (b) As evidence consistent with the facts charged in the instant case, there is a statement made by the victim in an investigative agency and this court, and a CCTV screen and a photograph and CCTV CD CD by cutting down CCTV images.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the above evidence alone is insufficient to acknowledge that the defendant intentionally committed an indecent act against the victim, and there is no other evidence to acknowledge it.

1) The defendant is seated on the back seat of the bus and the victim's side seat is moved to the seat of the victim.

However, there is a bus which is one of the rear seats of the bus.

참조판례

-대법원 2010. 11. 11. 선고 2010도9633 판결

유사 판례

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