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(영문) 수원지방법원 2019.08.29 2019고정76
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. Around September 12, 2018, the Defendant: (a) around 18:10 on September 12, 2018, the summary of the facts charged was in contact with the victim’s sexual flag part, after the victim’s non-name victim, in the electric train run in the direction of the Sinsan Station from the female seat line of Seoul subway 9, located in 101 as the doctor of Yeongdeungpo-gu Seoul Metropolitan City.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place where the public is concentrated.

2. Determination:

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is any doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable, the determination should be made in the interest of the defendant, even if there is a doubt of guilt, such as

(Supreme Court Decision 2005Do8675 Decided March 9, 2006, and Supreme Court Decision 2010Do14487 Decided April 28, 201, etc.) B.

At the time of this court, the Defendant had no act of having a woman's her her her her her her her her her her her her her her

Even if there was a pure contact within the congested subway, the intention of indecent act is not recognized, and the crime is denied.

C. In light of the following circumstances that can be seen by the witness B’s legal statement, images of the investigation report (compact editing of suspect evidence), investigation report (defluences), etc., the Defendant is not a person boarding the instant front-time vehicle for the purpose of committing an indecent act against passengers in the subway with a view to committing an indecent act against the gap in which passengers are concentrated.

1 The defendant was on board the subway station 6 lines of the Cr. Cr. 6 lines with which the defendant had a place of work to move to a house source after leaving the day of the incident, "I can get out of a house," and 2,4 lines of the 2,000 Sc. 4 lines "I can get out of a house," and there is 4 lines in the middle after going to a 9-line rapid train.

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