(영문) 서울서부지방법원 2016.12.01 2016노600

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(영문) 서울서부지방법원 2016.12.01 2016노600

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (two months of imprisonment and order to complete a program) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. On July 30, 2015, the Defendant: (a) around 00:15, at the time of the instant facts charged, sent the Defendant’s sexual flag to the part, such as the victim E (n, 25 years old); (b) the Defendant her her mbane, etc., in front of the Plaintiff E (n, N, 25 years old) from the escalator that set off the subway No. 2-line D platform in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

B. As to the judgment of the court below, the court below found the defendant guilty on the facts charged of this case by using the victim's statements and CDs in investigation agencies and court of the court below as evidence.

3. Judgment of the court below

A. On the day of the instant case, the victim voluntarily attended the police station and prepared a written statement on the facts of damage, and the written statement states that “I am her senses by receiving her senses.”

After that, the victim stated in the investigative agency that "I think that I had been aware of the middle degree of her her son's her son's her son'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

In the court of the court below, the victim has judged the side or her traw, which is being seen "in the court of the court below," and there was a man in the partitions.

Therefore, first, it was found that it was turned back to the straw, and that it was turned back to the platform of the other.

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