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(영문) 서울남부지방법원 2016.05.20 2015고단3732
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 3, 2015, around 08:20, the Defendant committed an indecent act against the victim in a place where the victim’s sexual organ was placed in a large amount of her mare located together with a large number of unhulled public in a place where the victim’s sexual organ was placed, after being pushed together after the victim C (V, 25 years of age), etc., was pushed back in the electric train where the Defendant 6 of Yeongdeungpo-gu Seoul Metropolitan Government Sinsan-dong 6 was a subway station 22 subway 9.

Summary of Evidence

1. Statement made by C by the witness in the third public trial protocol;

1. Each legal statement of witness D and E;

1. Results from viewing by the reproduction of criminal video CDs;

1. C’s statement (the defendant and his defense counsel did not commit any act identical to that stated in the facts charged, and even if there was a physical contact with the victim.

Even if there was no intention to commit an indecent act,

The argument is asserted.

However, the victim C’s statements in this court and in investigative agency are consistent and specific with the Defendant’s act, content of damage, the victim’s perception and response, and the situation before and after the commission of the crime, and there is no inconsistency with the witness police officers D and E’s respective legal statements and the result of viewing video CD reproduction, and there is no circumstance that the false statement might be opened differently, and its credibility is recognized.

In addition, in this court, the victim was on board the front door, and there were many people in the front platform but there were not many people, and the next person was put to the body two to three times.

Ordinary, they were feel that they are shouldered or chested, and that they were stimulated that the leg part was completely pushed down at the time.

Madern part was slick with each other.

In the future, there was a space that could go back to the people, but has continued to be fast in the future, even though there was a space that could go behind.

The defendant has reported his own aftermath, and he was pushed ahead of his aftermath not only of the defendant's sexual intercourse but also of his own aftermath.

Indecent conduct, there was no conviction on whether to report it.

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