logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.06.13 2018노1610
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (definite and misunderstanding of legal principles) in this case, at the time of the instant appeal, the victim D, who was prior to the subway station stairs, was faced with her amblock in the process of bending her ambl, in order to protect him. Moreover, the Defendant only committed an indecent act by her amblick, etc. on the victim’s right hand, and the Defendant did not commit an indecent act by her amblock.

The judgment of the court below is erroneous in finding the defendant guilty by using the statements of the victim with no credibility as evidence.

2. According to the evidence duly adopted and examined by the court below, the following circumstances can be acknowledged. A.

According to the court below's statement, investigation report (over-the-spot investigation and attaching on-site photographs), and video image of the victim, there were escalators on the part of the stairs of the subway station where the victim was enrolled at the time of the instant case, and the victim was at the time of the instant accident, and the victim was using the stairs that were late from the subway, and the stairs that were about to be immediately listed on the stairs that were late from the subway, and there were many people in the stairs at the time of the instant accident, and there was a sufficient safety distance.

나. 피해자는 ① 이 사건 직후 수사기관에서 “손바닥과 손가락이 왼쪽 엉덩이를 쥐는 듯한 느낌이 들었다, 진술서를 작성하는 지금도 손이 떨리고 왼쪽 엉덩이를 아직도 만지는 찜찜함과 불쾌감과 떨림으로 토할 것 같다.”라고 진술하였고, ② 이 사건 다음날 수사기관에서 “왼쪽 엉덩이가 완전히 잡힌 것 같은 느낌이 들었고 확실히 엄지손가락을 꽉 쥐는 느낌을 느꼈다. 바로 돌아보고 ‘왜 엉덩이를 만지세요’라고 말하자 피고인이 ‘무슨 엉덩이를 만져, 엉덩이를 친 거지, 계단에 서 있으니까 엉덩이를 친 거지’라고 말했다.”라고 진술하였으며, ③ 원심 법정에 증인으로...

arrow