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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.04.14 2015노3556
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal by the defendant (misunderstanding of facts) (hereinafter referred to as "the defendant's appeal") is as follows: (a) the subway was loaded in the subway station D, and the other persons was pushed ahead of the defendant; (b) the defendant was found to have returned his body so as not to contact B; (c) but (d) the defendant's sexual flag was not fit in the ambane of B.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s judgment that found the Defendant guilty of the instant charges on the ground that the Defendant committed an indecent act against the victim B’s left her butane in the subway. As such, the lower court was justifiable and did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

① 피해자는 수사기관에서부터 원심 법정에 이르기까지 일관되게 피고인이 뒤에 바짝 붙어 서서 왼쪽 엉덩이에 성기를 대고 비볐다고

Since there is a statement and a statement about the situation at the time and before and after, it is specific, the credibility may be recognized, and there is no objective and reasonable ground to reject the credibility of the statement.

② The victim thought that the part adjoining her butt is the part of the Defendant’s sexual intercourse in the police station that “I think that the part so thought is about the physical location and solid shot.”

”라고 진술하고, 원심 법정에서 “ 라이터라든지 핸드폰 자체에 딱딱한 느낌이라는 것이 있는데, 닿는 느낌이 약간 물컹하고 딱 딱했습니다

“The statement was made”.

The victims are women aged 21, who are women aged 21 and have worked in the subway populated with many people on a daily basis, and suffered not less than two straws at the time, so they could feel by distinguishing whether they are solid goods or human body parts.

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