(영문) 부산지방법원 2015.06.12 2014노4563 | 리걸엔진

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(영문) 부산지방법원 2015.06.12 2014노4563

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the lower court rendered a not-guilty verdict on the facts charged of this case on the grounds that it is not clear whether the Defendant and the victim were aboard the same bus at the time of committing the crime; (b) however, considering the circumstances specified as the offender in this case, it is obvious that the Defendant is the Defendant who committed an indecent act against the victim; and (c) thus, the lower court erred

2. Determination:

A. According to the evidence duly adopted and examined by the court below and the court below, the following facts and circumstances are acknowledged.

1) According to the details of the bus card (credit card number: H) used by the Defendant, the Defendant was on board the bus No. C 115-1 around April 9, 2012, on which the instant case occurred, on which April 9, 2012, the Defendant was on board the bus No. 115-1. 2) According to the fact-finding results on the bus card (credit card number: I) used by the victim, the bus card of the victim was not used on April 2012, where the instant case occurred, and the date of the first use of the said bus card was on September 19, 2012.

3) At the court of the court below, the victim made a statement to the effect that he would know about 2,00 female students who show two faces around the defendant in ctv video photographs (Investigation Records No. 42, 43) which photographs inside the bus on which the defendant was aboard at the time of the occurrence of the instant case. 4) The victim made a statement to the effect that he would know about 180cm with height about the appearance of a male who committed an indecent act by himself, and the body was common, but the defendant was merely 171cm and the body was 50cm with large body size.

5) In addition, there is only the victim’s statement about the indecent act in this case, and there is no other evidence to prove the crime in this case (a confession made by the police of the defendant is inadmissible as long as it denies its content.

B. Comprehensively examining the above circumstances, the Prosecutor submitted.

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