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(영문) 인천지방법원 2018.10.12 2018노387
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Reasons for appeal;

A. In fact, the Defendant, who misleads the Defendant into fact, merely contacted the victim by reducing the source of assistance within the subway trains, and did not have an intention to commit an indecent act by force.

B. The sentence of the lower court’s unfair sentencing (one million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. On August 9, 2017, the Defendant: (a) around 19:30 on August 9, 2017, at the high speed terminal station located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant intentionally committed an indecent act on the part of the Defendant with the Defendant, etc., in the name of the influent victim, who was fluent with the Defendant, was in the left hand.

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

3. According to the evidence duly adopted and examined by the lower court and the trial court, the Defendant: (a) in the police investigation, “In the electric car with many boom booms and booms, the Defendant deducteds the body from the mobile phone auxiliary booms; and (b) was in contact with the Defendant’s booms after the Defendant’s booms.

“The 10th page of the investigation record), ② the police officer who directly observed the Defendant and requested voluntary accompanying,” and the witness D also testified that “the Defendant was faced with the Defendant’s body in the opposite direction.”

The defendant did not witness the victim's indecent act.

Defendant’s mistake at the time of demand for voluntary accompanying

The Defendant stated that he was “the victim’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

The sole fact of the determination that it objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual morality.

In this case where there is no investigation on the victim, the evidence submitted by the prosecutor alone is the victim's intention.

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