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(영문) 서울중앙지방법원 2014.07.16 2014고단660
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Reasons

The summary of the facts charged in the instant case is as follows: (a) the Defendant, at around 07:20 on January 29, 2014, committed an indecent act by the victim C (hereinafter “C”) while boarding the passenger vehicle immediately following the victim’s right shoulder and arms with the Defendant’s left shoulder, and committing an indecent act on the Defendant’s left hand with the victim’s right shoulder and arms, when the victim C (hereinafter “C”) intends to take a subway at the platform (4-3) of 992-1 and the subway 6-line of the subway line and the platform (4-3) in the same city, Nowon-gu, Seoul Special Metropolitan City.

2. In a judgment, criminal facts should be acknowledged based on strict evidence of probative value, which leads a judge to the extent that there is no room for reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it leads to such conviction, it should be determined in the interests of the defendant.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). The Defendant and the defense counsel asserted that: (a) the Defendant and the defense counsel merely carried the Defendant’s chests at the right shoulder and arms with the Defendant’s chest in order to hold the cell phone as soon as possible on the wind that the Defendant had been on board at the time when he was on board the subway prior to the subway; and (b) the Defendant did not commit an indecent act, such as the facts charged, with intent to commit an indecent act against the victim.

Around 07:20 on January 29, 2014, the court duly adopted and examined the following facts and circumstances, i.e., the Defendant was waiting to move the subway vehicle from the subway 992-1 and the subway 6's platform (4-3) in the same city, Nowon-gu, Seoul Special Metropolitan City, to move from the subway 992-1 and the subway 6's platform (4-3), and the Defendant was waiting to move from the subway c also in the front of the letter (in the direction of viewing the subway, C is located, 11,20 pages), and the empty seat of the electric vehicle set up on the platform at the time.

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