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(영문) 서울북부지방법원 2016.04.14 2015고단3646
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On May 24, 2015, the Defendant: (a) started from the subway 4 located in the subway 351-7 subway 351-7, Dong-dong, Jungcheon-si around 19:10 on May 24, 2015; and (b) intentionally pushed back the Defendant’s right-hand bucks after the victim D (n, 24 years of age) around the time when he passed the station section; and (c) intentionally pushed down the Defendant’s right-hand bucks into the victim’s her arm’s length.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt.

It is difficult to see otherwise, and there is no evidence to prove that the defendant committed an indecent act against D with the intention of prosecution.

D) The Defendant’s right bucks in contact with his left muck, and the Defendant’s body faced with his shoulder, arms, and head, each time the knick knife knife knife knife knife knife knife knife knife knife knife.

was stated.

The physical contact between the defendant and D is likely to have not gone beyond the normal physical contact level between the passengers in the former and the latter.

D The defendant's body continued to be pushed down even if the victim's body had been moved to the seat of the defendant, and in particular, as long as the defendant's body was left behind by his her son, I think that the defendant's act is intended because it was far away from his son's son's body.

At the time D, it seems that there was no direct verification as to whether there was a sufficient space to avoid physical contact by the defendant, and the defendant's friendship was immediately next to the defendant.

D There is a sufficient space to prevent physical contact in the previous vehicle at the time.

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