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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.03.27 2014노2939
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The judgment of the court below is reversed.

2. The defendant is innocent;

Reasons

1. The summary of the grounds for appeal is that the Defendant did not have any her her tumm. as stated in the judgment below.

2. Summary of the facts charged and the judgment of the court below

A. On April 10, 2014, the Defendant, at around 22:42, committed an indecent act against a female in a place where the general public is concentrated, with her left hand, in the front line of the Seoul subway No. 7, which was going to the upper island in Seoul Peman Station on April 10, 2014, after the right side of the Seoul subway No. 7, C (n, 21 years old).

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. The following is acknowledged according to the evidence duly adopted and examined by the court at the above trial. B.

In full view of the above circumstances, it is difficult to view that the evidence submitted by the prosecutor alone is sufficient to prove the facts charged to the extent that there is no reasonable doubt, and there is no other evidence to prove it.

C’s statement about C’s statement is insufficient to recognize the facts charged, even if the credibility of the statement is recognized as in the lower court’s judgment, it is insufficient to recognize the facts charged.

The specific reasons are as follows.

(1) C does not directly see that the Defendant’s her her her her her her her her her her her t

The statement about the objective experience of a woman in C's statement is limited to the shot sense and immediately after the shot sense.

However, such body in the situation can lead to the same result even in the case of contact with other objects that are not the hands of the defendant.

Therefore, the statement about the objective experience of women in C’s statements is insufficient to recognize the facts charged by itself.

Shebly, C makes a statement about his subjective connotation or judgment.

The defendant himself/herself has been only three times (30 pages of the trial record) and his/her left hand.

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