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(영문) 서울남부지방법원 2016.11.18 2016고단3328
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2016, around 08:20 on June 13, 2016, the Defendant, after the victim F (V, 44 years old), who was concentrated in the gap of the passengers located in the crepane train 9 line E station in Dongjak-gu Seoul Metropolitan Government, Seoul, the Defendant shacked the victim's her her her mm, and her macked the Defendant's sexual flag into the victim's her mack.

Accordingly, the defendant committed an indecent act against the victim in the means of public transportation.

Summary of Evidence

1. Legal statement of witness F;

1. Results from the reproduction and viewing of crimes, evidence, video CDs;

1. The police statement concerning F;

1. The F’s statement and the defense counsel asserts to the effect that even if the Defendant had physical contact with the victim, it is only an inevitable physical contact within a complicated electric vehicle and there was no intention to commit an indecent act against the Defendant.

However, the victim stated consistently and specifically from the investigative agency to this court about the Defendant’s act, content of damage, the victim’s perception and response, and the situation before and after the commission of the crime. There is no conflict with the result of the CD reproduction viewing. The victim who is unaware of the Defendant does not seem to have any reason to make any false statement about the Defendant’s act, damage, and the victim’s attitude to make a statement in this court, and thus, the victim’s credibility is acknowledged in light of this court’s attitude to make a statement.

The victim had "any male who was faced immediately after the date, and had been closely adhered to the investigation agency."

First, the author thought that “I am many people,” and said, it is not a sembry, but a strong sense.

If there is a person following his/her workplace for more than one year as a usual route, I can see that it is not possible to say that it is intentional or inevitable because there are many people.

At first, her butt was sl't seem to be sl't, and later, her butt her sexual organ was sl't be sl't.

She shall be remarkably displeasy.

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