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(영문) 인천지방법원 2018.11.02 2018노1402
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. On the ground of appeal, the victim resisted the defendant immediately after the instant case and notified the bus engineer of the fact of damage, and reported to 112 after getting down the bus, and the defendant sealed the face of the victim;

The judgment of the court below which acquitted the defendant on the ground that he contacted the shoulder of the victim, although he consistently stated the victim's chest, and pushed the victim's hair in order to steals the victim's chest constitutes an indecent act. The judgment of the court below is erroneous in the misapprehension of facts.

2. Comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court committed an indecent act committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which infringes on the victim’s sexual freedom, committed an act committed in violation of the Act on the Punishment, etc. of Sexual Crimes (In a densely concentrated place) committed by the victim, by expectationing the victim’s chest to the right shoulder, such as the victim’s face or shoulder, and by viewing the victim’s chest, thereby causing the victim’s uncomprehion.

Since it is insufficient to recognize the facts, the judgment of the court below is correct, and there is no error of mistake as to the facts pointed out by the prosecutor.

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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