(영문) 수원지방법원 안양지원 2015.05.15 2014고단1717

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(영문) 수원지방법원 안양지원 2015.05.15 2014고단1717

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2014, at the 07:25 subway Line 4, the Defendant pushed down his body after the victim D (V, 21 years old), etc. in the upper parallel line operated from subway Line 4 to Sail Station, in the 10-4 square line, the Defendant pushed down his body after the victim D (V, 21 years old), etc., in the upper parallel line in the subway Line 10-4 square meters, and even though the victim moved to the damaged place, the Defendant followed the victim's her am, followed by the victim's am, and knee part of the victim's kne.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a means of public transportation overpopulated by the public.

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. As to the assertion that the victim did not commit an indecent act against the victim of the D’s written statement, the victim stated consistently from the time when the investigative agency prepared the first written statement on the day of the crime to the date of this court that he had committed an indecent act such as the statement on the crime. In light of the background leading up to the victim’s report on the indecent act (the 62 pages of the investigation record), it appears that the victim was committed an indecent act like

Furthermore, it is difficult for the victim or a third party to directly witness the scene of an indecent act, and it is also difficult to expect that the victim or the third party be identified the offender by means of making the victim’s body attached at the scene of an indecent act, etc. Therefore, even though the victim or the third party did not directly witness the indecent act and did not put the offender up or have designated the offender at the time of the indecent act, in light of the credibility of the victim’s statement and the surrounding circumstances at the time of the indecent act, etc., even if the victim or the third party did not directly witness the indecent act and did not put the offender up or have designated the offender.

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