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(영문) 수원지방법원 2016.09.29 2016노2338
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact, the Defendant merely sleeps by putting the front seat in his hand from a bus, and then sleeps, and in the process, the Defendant’s hand in contact with the victim D’s shoulder, but did not intentionally commit an indecent act by deceiving D’s shoulder.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the grounds of the statement of the victim D without credibility, etc., thereby misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the criminal defendant was not subject to criminal punishment, and that the part and degree of his/her conduct are relatively heavy, the sentence of the lower court that sentenced to a fine of KRW 3 million and an order to complete a sexual assault treatment program for 40 hours is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and examined by the lower court, found the following circumstances, namely, ① the victim D, from the investigative agency to the court of the lower court, tried to put the seat behind the bus hold by putting a public retail door up until the lower court’s trial. Furthermore, the Defendant considered that he/she was above little since he/she was seated on the back seat, and considered that he/she was able to sit again and she was able to look back again in the future.

In order to see the 1-2nd right after the division, what is towards the right side, and see the body back, and then the defendant saw the hand over with the front seat and the window.

A person who calls to a male-gu and calls to the defendant so that he/she can come to the defendant, "I am bad from the next son's hand," and even the defendant can be seen as "I am bad."

“The Defendant changed to another place even though he did not answer it.”

In this regard, the defendant was spared to continue, and the defendant was spared immediately before the bus was landed from the bus.

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