(영문) 수원지방법원 2016.07.21 2015노7648 | 리걸엔진

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(영문) 수원지방법원 2016.07.21 2015노7648

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A summary of the grounds for appeal by the defense counsel (misunderstanding of the facts)

Even if the defendant did not have the intention to commit an indecent act, the defendant did not.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged on the grounds of the testimony of E without credibility.

2. Determination

A. On June 11, 2015, the Defendant committed an indecent act, such as: (a) the Defendant: (b) was moving to the Fast subway that was operated in the Fast Station from the Fast Station to D; (c) when getting off the Past Station pursuant to the victim E (nat 25 years old); (d) the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her his her her her hand; and (d) the victim

On June 17, 2015, around 08:10 on June 17, 2015, the Defendant committed an indecent act against the victim in the same manner.

Accordingly, the defendant committed each indecent act against the victim in the subway which is a means of public transportation.

B. The lower court’s determination is consistent with the main parts of the E’s statement from the investigative agency to the lower court’s court’s court, and it is difficult for E to find any motive to make a false statement that is unfavorable to the Defendant. As to the Defendant and E’s use of each of the transportation cards asserted by the defense counsel, the payment of transportation cards is made at the time of dancing by having the transportation card on each of the transportation cards installed in the opening equipment installed in each subway station within the subway stations. Thus, the payment of transportation cards is made at the time of dancing, not at the time of actually entering a certain subway station and the time of unloading from the electric train that actually entered into the history of a particular subway station and from the previous train that stopped in a particular subway station.

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