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(영문) 서울남부지방법원 2020.08.19 2019고단6497
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 16, 2019, the Defendant: around 08:33, the Seocho-gu Seoul Seocho-gu New Distribution, which was operated in the direction of a female-do basin in the front speed 200 of the front-dong passenger vehicle 9, which was operated by the Defendant in front of the speed 200, contacted the Defendant with his hand, etc. inside the front left side of the victim (influence, the son, the son, and the 31 years old) due to the above victim's moving to the Defendant's seat, and committed indecent act against the victims in the front speed of the previous car in which the public was concentrated by having contacted the hand, etc. in the victim's left side of the buckbuck.

Summary of Evidence

1. The Defendant’s partial testimony witness C and D’s legal statement investigation report (control circumstances) and evidence CD Defendant and defense counsel could have a physical contact within the congested electric vehicle, but it is difficult to accept the allegation that there was no intention to commit an indecent act.

The reasons are as follows.

The Defendant: (a) getting 2 lines from the Gando basin to the Nando basin, getting off the 9 line rapid transit vehicle from the Gando basin; (b) returned to the Gando basin; (c) returned to the Gando basin; and (d) returned to the Kando basin, getting on the 9 line rapid transit vehicle from the Gando basin to the Kando basin; and (e) again, was on the 9 line rapid transit vehicle from the Gando basin to the Gando basin.

When the Defendant 9-lined the front-time train without boarding the general electric vehicle, and 9-lined the front-time vehicle in the dodo basin, the Defendant 1-lined the front-time vehicle in the dominium, and 2-lined the front-time vehicle to the side through the platform as soon as possible after getting off the vehicle at a stop in the old-line.

Since the Defendant goes to work in the red station, the first carbon 2 lines were cut off, and it seems not necessary to change the above direction and transfer them. The Defendant, as it is a cause to go to the destination like other people in the train, was the intention of having to go to work for a short time, but even if it was changed.

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