logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.28 2015노353
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The judgment of the court below is reversed.

2. The defendant is innocent;

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

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

가. 공소사실의 요지 피고인은 2014. 6. 13. 08:08경 서울 동작구 남부순환로 지하2089에 있는 지하철 2호선 사당역에서 강남역 구간 사이 전동차 내에서, 짧은 치마를 입고 출입문 옆에 서 있는 피해자 D(여, 21세)를 발견하고 피해자의 뒤로 다가가 피고인의 성기 부위를 피해자의 엉덩이에 밀착하고 약 9분간 비볐다.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. According to the evidence submitted by the Prosecutor, the fact that the body of the Defendant and D was in contact can be recognized at the time and place indicated in the facts charged.

On the other hand, however, the record may be accepted:

(a)bed;

In full view of the above circumstances, the evidence presented by the Prosecutor alone is difficult to deem that contact with the body of the Defendant and D was caused by the Defendant’s intentional indecent act, and there is no other evidence to acknowledge it.

First, the Defendant sent visual paths to another young female who passed the Defendant’s front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Defendant, among the evidence submitted by the Prosecutor (hereinafter “the front of the front of the front of the front of the front of

In other words, the Prosecutor had followed another young female who suffered from the sponsor, and followed the former.

shall have any action to be taken.

arrow