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(영문) 서울중앙지방법원 2018.06.21 2018노414
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts) is that the Defendant has completely lost the eyesight of the left side of the body, and that the rhythm and rhythm of the body is driving away, and there was no intention to commit an indecent act against the Defendant.

2. According to the diagnosis and the written opinion submitted by the Defendant, the Defendant’s left eye does not recognize the light, and the right eye can be recognized as the vision to the extent possible to distinguish only the movement of the object from the foundation.

The defendant is responsible for examining a stick for mountain use, and is going to a free meal facility near D stations, and the defendant received the above free meal service for several years. On the day of this case, the defendant loaded a subway in the D station to receive free meal service.

On the other hand, the victim took a mobile phone at the time, but the defendant's hand saw 3-4 seconds from the victim's arm's length and her inside to 3-4 seconds, and subsequently, the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her

Examining the CCTV video screen of the D Station platform taken around the time of the instant case, the Defendant can check the appearance of the Defendant leaving a mixed platform without using a stick in the D Station and passing through the opening of the opening.

In light of the appearance of subway use and the attitude of indecent act, the above defendant had contacted the body of the victim due to the fact that the defendant was not able to have a significant vision.

It is difficult to see that it is an indecent act by intention.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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