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(영문) 서울남부지방법원 2016.08.12 2015고단5029
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 10, 2015, at around 08:45, the Defendant boarded the subway 1 line in the subway station located in Guro-gu Seoul Metropolitan Government CD, and committed an indecent act against the victim in the means of public transportation by putting the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Legal statement of witness E;

1. Results from watching and viewing crimes, screen pictures, CDs;

1. Statement made by the police for E;

1. The photograph of a photograph of a dynamic image upon the commission of the crime (the defendant and his defense counsel did not commit any indecent act against the victim, and even if there was a physical contact with the victim;

Even if there is no intention to commit indecent act, it is only an inevitable physical contact within a complicated electric car, and it is argued that there was no intention to commit indecent act.

The legal statement of the victim E is partly different from the result of the crime committed with respect to whether the injured person sought to knife both knife and knife in the previous car (hereinafter “victim”) (the victim tried to knife his hand by receiving too uncomfortable knife in the following, but both knife and knife were the same person’s hand.

Although the statement was made to the effect that “the victim was not taken to knife as a result of the victim’s viewing of the video CD reproduction”, the victim’s statement in this court and investigative agency does not appear to have been taken to be knife. However, the victim’s statement in this court and investigative agency is a major part of the Defendant’s act, content of damage, the victim’s perception and response, the situation before and after the crime, as well as other circumstances where the statement is consistent and specific, and the credibility of the statement is recognized in light of the attitude of the statement in this court.

In addition, the victim, "A man who had been frighten while coming from the body, was shotly shot in the investigative agency to see the body in the future."

(2) Initials.

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