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(영문) 서울남부지방법원 2019.06.14 2018고단3854
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. At around 08:30 on April 6, 2018, the Defendant committed an indecent act against the victimized female 1, approximately 2:50 seconds of 50 seconds of her sexual organ by putting a string string in the subway station 9 subway lines located in Yeongdeungpo-gu Seoul Metropolitan Government, on the side of the entrance, when 1 non-victimd female 1 who has worn a string coke at the longer head in the D Station, and she was able to see that she was able to her sexual organ together after the female 1.

Then, the Defendant: (a) moved back to the entrance and then sealed the right shoulder of the victimized female by a fluort knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant committed indecent acts against the victimized women in the subway, which is a means of public transportation overpopulated by the public.

2. In a judgment, the facts constituting an offense ought to be found based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that the prosecutor is not able to have a sufficient conviction, the determination should be made in the interests of the defendant even if there are circumstances, such as whether the defendant’s assertion or defense is contradictory or unreasonable, and there is suspicion of guilt.

(See Supreme Court Decision 2017Do1549 Decided May 30, 2017). Based on the foregoing legal doctrine, considering the following circumstances, which can be recognized by the health unit and the evidence as to the instant case based on the foregoing legal doctrine, it is difficult to deem that the evidence submitted by the prosecutor alone proves that the Defendant committed an indecent act against the victimized women without reasonable doubt.

The police officers taking the surface of the site at the time of the instant case are about 1 victimized women.

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