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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.02.13 2019노654
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (fact-finding) had two other men around the victim, and the extension of the defendant was 26 cm higher than the victim so that the defendant's sexual organ cannot contact the victim's sexual organ, and there was no witness to commit an indecent act together with the victim's sexual organ, there is an error of misunderstanding of facts in the judgment of the court below which found the defendant guilty of the facts charged of this case.

2. In full view of the evidence duly admitted by the court below, the following circumstances, namely, ① the victim made a concrete statement at an investigative agency as to his/her damage, ② the content of text messages sent and received by the victim and his/her friendship with each other, ② the victim was designated as the defendant at the time when the victim was reported and arrived at, ③ the victim was located immediately behind the victim, ③ the victim was exposed to the victim’s relative in addition to the victim’s relative who was accompanied by the victim, and it cannot be confirmed by other men as argued by the defendant in a location where physical contact could not be confirmed, ④ the defendant argued that “the victim was able to look at the victim’s friendship continuously, and the victim was placed in front of his/her own seat,” but such behavior cannot be seen as an act of audience concentrating only in multiple games, and the court below’s decision is sufficiently acceptable in full view of the following facts.

Defendant’s assertion is without merit.

3. Conclusion.

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