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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2014.07.04 2013노4086
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant: misunderstanding of facts and misunderstanding of legal principles;

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the mistake of facts, it is recognized that the defendant committed an indecent act against the victim by using the victim's her mar with the left hand floor after having followed the victim, etc. within the front mar.

This part of the defendant's assertion of mistake is not accepted.

B. As to the misapprehension of the legal principle, according to the police interrogation protocol against the defendant, the defendant is recognized as having been suffering from five times a week to five times a week, which is more than the "small three times a week," which is the main amount of the crime of this case

On the other hand, according to the evidence duly adopted and examined by the court below, ① the crime of this case occurred around 17:20 on August 11, 2013; ② the defendant arrived at the Suwon center at around 17:48 on the day of the case to voluntarily act with the victim and witness with the victim and witness at around 17:42; ③ the defendant committed the crime immediately after arrival at the Suwon center; ④ the defendant moved to the investigation department of Seoul Local Railroad Special Judicial Police Division at around 19:25 on the same day; ④ the defendant moved to the investigation department of Seoul Special Judicial Police Division at around 19:25 on the same day; and from around 19:35 to 20:00 on the same day, he was examined from around 20:0 to around 200 on the suspect; ② the defendant was aware of his behavior before and after the investigation at the time of drinking alcohol; and the method to recognize the defendant's act of sexual assault before and after the investigation at the Seoul Special Police Center.

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