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(영문) 부산지방법원 2015.10.30 2015노2504
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal did not prevent the instant crime on the ground that the Defendant, at the time of committing the instant crime, carried the handphone with the left hand and carried the handphone with the left hand. The Defendant was not able to block the instant crime.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case erred by misapprehending the legal doctrine.

2. The following facts are acknowledged according to the evidence duly adopted and examined by the court below and the court below.

① During the cam from the stairs, the victim resisted the Defendant’s her her her son immediately her son, and her son her son her son her son her son her son her son her son her son her but her son her but her son her but her son her but her son her, and the Defendant was punished.

② The victim made a concrete statement regarding the method of crime, its details and subsequent circumstances, the attitude of the Defendant after the crime, etc. from the police to the court of the original instance, and the contents of the statement are consistent in major parts.

③ According to CCTV images taken at the time of committing the crime, the Defendant was walking behind the victim, and the victim took the right and right side of the victim, and resisted to the right and right side.

In light of the above facts, the judgment of the court below which found the defendant guilty of the facts charged of this case is sufficiently acceptable, and the defendant's assertion is without merit, in light of the following: (a) it appears that there is no motive for the defendant to make a false statement to the victim, (b) the victim's statement is supported by CCTV images, (c) even if the defendant was placed in the main machine, and (d) even if the defendant was placed in the main machine, the inclusion of the descendants immediately after the crime was committed in the main machine is an act that can be easily seen by anyone.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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