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(영문) 서울북부지방법원 2014.09.24 2014고단940
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Reasons

1. On August 15, 2013, around 06:40, the Defendant committed an indecent act by finding out the victim C (the 23 years old) who was divingd in order to find out the exit from the subway No. 1, the subway No. 1, the subway station platform No. 8, located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and then, committing an indecent act in a way that the victim’s knife knife with his hand even knife with his knife at one time.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. Determination

A. The burden of proving the facts charged is to be borne by the prosecutor, and the degree of proof should be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt.

B. As evidence consistent with the facts charged, the victim's investigative agency and this court made statements, while the defendant consistently denied the crime from the investigative agency to this court, and the defendant went to the toilet due to the water supply of the toilet at the work site, and did not contact the victim, and even if having contact with the victim, the defendant was crypted by the victim, and the defendant was crypted by the victim.

C. The following circumstances acknowledged as a result of the record, namely, ① the Defendant was going to work at the construction site for the purpose of getting a new wall on that day, ② the Defendant appears not to have designated the victim as the object of crime in other partitions between the victim and the subway train. ③ The Defendant, immediately after the instant case, went to the toilet for about 3 minutes, putting the stairs back and put them up to the victim. At the time of leaving the stairs, there was a exit from the toilet, not the toilet, but the Defendant, who committed indecent act, again, had a victim for a short time as in the toilet.

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