(영문) 서울중앙지방법원 2016.04.22 2016노50

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(영문) 서울중앙지방법원 2016.04.22 2016노50

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles) (1) The Defendant resisted the Defendant at a place where there are many people to commit an indecent act by sexually committing an indecent act and resisted the Defendant with the intention of inducing the victim without putting him/her up with his/her deception, and there was no fact that the victim expressed his/her desire to, or threatened him/her.

(2) Even if the Defendant’s resistance led to fear of fear of the victim.

Even if the defendant, who has been engaged in a flive life, has a legitimate claim, it is a justifiable act that does not go against the social norms.

B. The prosecutor (misunderstanding of the legal principle of misunderstanding the facts) may believe that the victim’s statement is specific and consistent, and the fact that the defendant committed an indecent act against the victim can be acknowledged based on this.

2. Determination

A. Defendant’s assertion 1) Comprehensively taking account of the evidence examined by the lower court that the Defendant did not threaten the victim, the following facts and circumstances are acknowledged.

The facts by which the defendant has threatened a victim may be recognized based on such intimidation.

1. The victim is a victim in the investigative agency and the court of the court of the court below. "The defendant wishes to take care of the victim's return."

In any place, "I ambi" refers to "I ambi" and "I ambi ambi son" and "I ambi ambi son" and "I ambi ambi son" again, "I ambi ambi son" and "I ambi ambi son," and "I ambi am like the victim."

The victim said that “the victim worn a earphone to avoid hearing the Defendant’s desire.”

The victim's words are specific, consistent and reliable.

(2) The injured party shall get off and get off only once before he was on board the defendant, and shall be close to a mobile phone in order to continuously report to the police by the injured party.

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