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(영문) 서울고등법원 2016.11.10 2016노2473
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that the defendant forced the F, a child or juvenile, and committed an indecent act against F at a densely-populated place, the court below acquitted all of the facts charged in this case, which is erroneous in the misapprehension of facts.

2. Determination

A. On April 9, 2015, the Defendant starting from the Seoban Station, around 07:45, and going to the luminous Station, and 10th guest cars of the subway No. 1, the subway No. 5, a subway No. 5, a subway No. 5, a subway No. 5, a subway No. 5, a subway No. 1, a subway No. 5, a subway No. 5, a subway No. 1, a subway No. 5, a subway No. 1, operating a section between the Geumcheon-gu Station in the Geumcheon-gu Station on the right side of the F (the age 16) in the operation of the said section in the Geumcheon-gu Station.

As a result, the Defendant forced the child and juvenile F to commit an indecent act, and at the same time commits an indecent act in F at a place where the public is concentrated.

B. The lower court determined that the Defendant was not guilty of all the charges of this case on the ground that the evidence alone presented by the prosecutor alone is insufficient to deem that the Defendant committed an indecent act against F, a child or juvenile, and committed an indecent act in a densely-populated place without any reasonable doubt, and that there is no other evidence to acknowledge this otherwise.

1 F On June 20, 2015, about two months after the occurrence of the instant case, the first investigation conducted by the police on June 20, 2015, the Defendant, who is on the right side of the F, has repeatedly dymhd with the left hand floor of the F.

In the first time, when he became aware of the scambling of the iron, he hymd and rhhhhd, and dumping the indecent act, and he saw the following, and the Defendant committed an indecent act on his own by his hand.

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