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(영문) 서울중앙지방법원 2017.01.20 2016고단3778
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On November 9, 2015, the Defendant found the Victim E (V) within the dong Station D’s subway Station D’s subway Station No. 2 located in Jung-gu Seoul, Seoul, through the airspace of the Dongdaemun Station Cultural Park, and 31 years old, coming back after the victim’s back, and the victim’s her son’s son’s her son her son her her son her her son her her son her her son her her son her her son her son

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

2. The burden of proving the facts charged in a criminal trial on the board is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, and if there is no such evidence, it is inevitable to determine the defendant as the benefit of the defendant even if there is suspicion that the defendant is guilty (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.). The victim’s statement is sufficient as evidence consistent with the facts charged in the instant case.

In light of the evidence duly adopted and examined by this court and the following circumstances, the victim's perception or mistake cannot be ruled out. Thus, there was no reasonable doubt as to the facts charged. It was proven that there was no reasonable doubt as to the facts charged.

shall not be deemed to exist.

① The Defendant asserted that, from the time when the police officer reported 112 was called out, there was no intention to commit an indecent act even though there was a possibility that the police officer could have been in a timely contact due to such reasons as scambling electric vehicles, etc., and even after the commission of the crime, the situation where the police officer acted specially as a suspect

In the victim's statement, there is a statement to the effect that "the defendant has moved to the 3 partitions of the previous vehicle, even if there is an empty space."

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