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(영문) 창원지방법원 2018.12.12 2018고정481
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

On February 7, 2018, the Defendant, at around 02:20 on February 7, 2018, committed an indecent act against the victim at “C” located on the first floor of the building underground in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, following the victim D (n, 22 years of age), who is an employee, by inserting his/her fingers between the victim’s winter and turning his/her chest on the victim’s breasts at a densely concentrated place.

The summary of the defense counsel's assertion did not reveal the fact that the victim's chest was delivered, and the victim identified the defendant as the offender.

The statements made by the victim are not consistent (Provided, That it is consistent that the defendant was confined to the hands hands, not the hand hand, which is different from the facts charged). The Defendant’s words “the so-called so-called so-called so-called “the so-called so-called so-called so-called,” did not mean that it was understood as having understood the claims of the victim, or that it was recognized as having committed the crime.

Provided, however, the victim seems to be likely to confuse people in a timely manner, even if he/she finds the perpetrator immediately back to the next place as a place where the customer is very flick and lighting is on-and-off between them. (2) The victim also stated in an investigative agency that the offender’s clothes are a kkk-cliffer (which means the 81th page, the 117th page of the evidence record), but the defendant actually exceeded the brightness in the field, so it is likely to cause confusion.

(3) Meanwhile, the statement or statement documents to the effect that the defendant made a confession of a crime at the scene of occurrence and the police station cannot be used as evidence of guilt as it appears that the defendant had been in the state of detention (Article 316 of the Criminal Procedure Act). In full view of the above circumstances, the defendant cannot be found guilty of the facts charged as evidence of application by the prosecutor including the victim’s statement.

(2) If so, the defendant case is not guilty by the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of criminal facts by the prosecutor.

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