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(영문) 서울중앙지방법원 2016.04.15 2015고단7321
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around September 4, 2015, the Defendant: (a) committed an indecent act on the part of the Defendant at a populated place in a populated place by taking off the Defendant’s bucks and 4 minutes of bucks on the part of the Defendant’s left side while driving the subway No. 9, the subway No. 220 on the part of the Dongjak-gu Seoul, Seoul, to a fright station located in the fright station in the subway No. 220 on September 4, 2015.

2. Determination

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt; thus, in a case where the prosecutor’s proof fails to sufficiently reach the degree of conviction as above, the determination ought to be made in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (B) The Defendant consistently asserted that there was no indecent act against the victim, such as the facts charged, from an investigative agency to this court.

(c)

As shown in the facts charged in this case, each legal statement of witness D, E, and F, police statement of D, investigation report of D, investigation report (on-site situation), investigation report (on-site situation and arrest circumstance), investigation report (on-site situation and arrest circumstance), video CD, video CD, and video screen is shown as evidence to correspond to the facts charged in this case.

1) With respect to the circumstances in which the victim D was committed by the investigative agency and this court, “A man who was on board the electric dynamic vehicle in the Dongjak Station and was at the close of the entrance, but his her her her her her her mack was pushed down with the left part.

Despite the fact that electric dynamics had been slick and several times of body, they continued to be slicked in her butt.

When people arrive in the old calendar, they enter the right side when leaving the entrance and avoided the male.

The face of the male can not be seen as a her face, and her part of her butt her sexual body was seld, and her part was seld, and her part was pushed down on the side.

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