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(영문) 서울중앙지방법원 2017.05.12 2016고단9133
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On July 30, 2016, from around 00:06 to around 00:22 of the same day, the Defendant started from the subway 2, the subway line 340, the Defendant committed an indecent act against the victim in means of public transportation by taking off the Defendant’s right buckbucks on the left side of the Defendant’s vehicle in the front-dong-gu subway 340, which was in front of operating in the direction of the Nakdong River basin in Gangnam-gu, Seoul, to the right side of the Defendant, and pushed down the Defendant’s buckbucks to the right side of the victim’s left side.

2. The burden of proving the facts charged in a criminal trial on the board has the burden of proving the facts charged in the criminal trial, and the conviction is based on the evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, it shall be determined in the interest of the defendant even if there is no doubt as to the defendant's guilt (see, e.g., Supreme Court Decision 2010Do14731, Dec. 23, 2010). In light of the following circumstances known as a result of the examination of the case, the evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt.

It is difficult to see it.

① Direct evidence that corresponds to the facts charged in the instant case is the victim’s statement.

In this regard, even if the victim's statement was based on the victim's legal statement, it did not think that it was an indecent act with respect to the part that sealed buckbucks among the facts charged, and on the other hand, with regard to the fact that the bucks were divided into bucks, the victim continued to have been able to feel. Therefore, the victim did not witness the defendant's behavior after the bucks.

(2) A person who gets mixed in the preceding vehicle and is seated by passengers in the seat, shall be removed from the next person.

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