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(영문) 서울중앙지방법원 2015.05.20 2014고단10191
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 12, 2014, at around 19:38, the Defendant discovered the victim C (bee 20 years of age) boarding the Defendant’s sexual flag from the off of the front line of the railroad station in Guro-gu Seoul, Guro-gu, Seoul, by using the gap where the surrounding areas are congested, to the people out of the front line of the railroad station, and found the victim (bee 20 years of age) boarding the Defendant’s sexual flag in the middle line of the railroad station. After being pushed the victim’s body after being pushed the victim’s body, the Defendant boarded the Defendant’s sexual flag into the victim’s mack while being pushed back to the victim.

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

Summary of Evidence

1. Each legal statement of witness C and D;

1. At the time of the written statement by the police, the defendant asserts that there was another male after the victim's statement, and that he did not commit an indecent act, such as the victim's subsequent statement in the facts charged.

At the time of this court, the victim had experienced the indecent act in the subway because of the fact that he had been satisfing, the satisfing, and continued to satisfy, but it was thought that he did not make a report because he had annoying and hindering school conditions, but he did not report immediately thereafter. However, the victim made a statement to the effect that the police officer who observed the scene was asked about whether he did not have been indecent act immediately after the fact that he had been satisfyed, and that he had made a report on the damage by showing the conditions of his witness and images taken by a cell phone.

According to the statements made in the investigative agency and court of the victim with credibility because he/she made a statement without exaggeration that he/she experienced, according to D's legal statements that arrest the defendant at the site, it can be recognized that the defendant committed an indecent act against the victim as stated in the facts charged.

In this regard, the Defendant was about the key of the victim who committed an indecent act against himself, and was about 165 to 167 cm, which is about 177 to 178 cm, but his key is about 10 cm, which is about 10 cm from the victim’s statement.

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