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(영문) 수원지방법원 평택지원 2018.01.11 2017고단1295
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On February 21, 2017, the Defendant: (a) around 18:52, in the subway station located in the southwest-gu Seoul Metropolitan Government, and operated in the 2089, to the new forest direction, the Defendant committed an indecent act against the victim by using the gap in the electric train No. 2 of the subway No. 33, which is operated by people in the front line of the train train of the subway No. 2089, on his hand; (b) having the muck between the victim C (the muck, 33 years old) and the buckbucks; and (c) having the victim’s mucks

2. Based on the evidence submitted by the Prosecutor, the victim appears to have been in indecent conduct at the time and place indicated in the facts charged, and the victim is likely to be the defendant.

However, in accordance with evidence, the defendant, along with the victim, boarded the train of 2 line subway in the station of the company, and had already started telephone conversations with the defendant's female-friendly Gu before boarding the train, and had already known that the victim committed an indecent act, the time when the injured person was designated as the perpetrator, and the defendant and the injured person were making telephone conversations within the Seoul large-scale area until the victim left the train.

It is not physically impossible that the defendant, while boarding the same train with the victim, committed an indecent act against the victim while making a currency with the female-friendly Gu, and further repeatedly committed an indecent act against the victim.

In addition, the defendant and the victim were on board the ship of 18:52, which is a usual day-day-day-day-day-day-day-day-day-day-day-day-based-based-child-based-based-child-based-based-based-

In accordance with the statements, etc. of the victim, the victim seems to have been aware of the possibility of additional indecent acts in the state of extreme tension so that her body was less lower than the body and that her body could not return to her body after her tampt was first committed. Thus, it is difficult to entirely eliminate the possibility that the victim might have mistakenly contacted the Defendant or other passengers' descendants within the above mixed guest room as additional indecent acts.

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