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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.09.27 2018노2293
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a misunderstanding of facts does not completely associate with the victim, and even if the victim’s body was contacted, it does not intentionally contact the victim’s body.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant committed an indecent act against the victim, and the defendant's intent is sufficiently recognized. Therefore, the above assertion by the defendant is without merit

① On August 17, 2017, around 19:23, the aggrieved party reported the increase of the object to be reported, the lower time, and the lower location in very detail. Based on this, the aggrieved party appears to be the Defendant inasmuch as the Defendant was specified by the Nowon-gu CCTV.

In the subway, there were habitual indecent acts, but the victim had been her tam twice, and other women were her own.

The increaseer's height is large to 185 knife as a male in the middle half half of 40, the weight is 100 kg (e.g., a flife), the short head can be glife in the sports head, the two conflict, the two conflict, and the black rife has been suffered.

The male was on the subway-line Incheon 1 subway, but 19:07, and was placed in the column No. 4-2 in the old train in the old train.

② 피해자는 수사기관 및 원심에서 "피고인이 통로를 지나가면서 손등으로 제 오른쪽 엉덩이를 툭 치고 갔고, 1분 이내에 제 오른쪽 엉덩이를 한 번 더 치고 지나갔는데, 사람이 붐비지 않아 신체를 부딪칠 이유가 전혀 없었다.

The defendant showed that he goes beyond the other partitions, and continued to do so, for a male, he took a behavior to cut off his her kn't even after her kn't, and a female kn't k't.

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