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(영문) 서울서부지방법원 2015.01.14 2014고단1411
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) around 15:45 April 21, 2014, in the facts charged, on the subway line 2 lines run in the direction of active service in the Chungcheong basin located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) reported the victim C (the 24 years old), who was in front of the door in order to get off from the new village, and committed an indecent act against the victim in the means of public transportation where the public is concentrated.

2. The gist of the statement in the police and court of the victim's judgment is that the victim observed that the defendant prior to the subway history had the body of another woman, and the defendant, who had been living ahead of the victim while keeping the defendant's action while getting on the same dynamic vehicle as the defendant, was returning his body to the left side of the victim, and went through the victim's negative part with the left hand, etc.

The Defendant used three-way stations and three-way subway stations in subway stations that are close to the residence of the Defendant of Pyeongtaek-gu, and have parks. On the day of this case, the Defendant used three-way stations and three-way stations on the day of this case. The Defendant on active service and the victim of subway 2 boarding the subway station, and the subway was under operation of the subway station in the direction of the Sin-gu New Village.

Before arrival, the body was moved to the opposite entrance (on-going entrance was opened from the right side of the proceeding direction and the entrance of the opposite station was opened to the right side of the victim's left side). In light of the fact that the defendant's movement to get off from the opposite station, which is next to the station, could not be ruled out that the defendant was able to get off the body of the victim who was moving to the opposite station, and was 20 to 30 centimeters away from the rear side of the defendant in the front section, and that the defendant was able to look at the defendant's body, and that the defendant was able to 10 centimeters even if she committed an indecent act against the victim, at the time of the instant case.

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