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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2015.01.08 2014노1372
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of mistake of facts in this case refers to the defendant's sprinking off the victim C's bucks by hand, and despite the fact that the defendant again met the victim C's bucks by the same method, and as the victim D caused the victim's bucks by the same method, the defendant met the victim D's spucks by hand, and the victim D appeared as a witness in the court of the court of the court below, while the defendant appeared in the court of the court of the court below and explained the defendant's sprinking act against his spucks, and he was sprinking it by hand, and at least in relation to the indecent act against the victim D, the court of the court below erred that the defendant merely spucks of the victim D's spucks or sprinking the victim's spacks.

B. The court below erred by misapprehending the legal principles on “Indecent Act” which objectively causes sexual humiliation or aversion to the general public, and thereby adversely affected the conclusion of the judgment, in light of the victim D’s statement that the Defendant caused humiliation at a place where many people pass, as well as the characteristics of the female body, buckbucks or paper, and the victim’s continuous behavior, regardless of the victim’s resistance, and the victim’s statement that such behavior would cause a sense of shame in light of the victim’s sexual moral sense, even though the Defendant’s act constitutes “indecent act” against the victim’s moral sense.

2. Determination

A. First of all, the prosecutor's argument of mistake of facts was examined about the prosecutor's assertion of mistake of facts, and the question asked whether the defendant had gone to hand by hand, etc. among the third trial date protocol of the court below, was shot, and the witness D was shot at hand.

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