(영문) 수원지방법원 2017.08.24 2017고단2121

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(영문) 수원지방법원 2017.08.24 2017고단2121

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 4, 2016, from around 01:00 to around 02:00, the Defendant started from the Gangnam-gu Seoul Metropolitan Government’s Gangnam-gu station to a water source terminal located in Suwon-si, and committed an indecent act on the part of the victim D (deed, name, and age 26) by drinking and sitting down on the side of the victim D (defilled, name, and age 26).

Summary of Evidence

1. The legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the public prosecutor and the police concerning D;

1. An investigation report (verification of the bus route and time aboard a suspect);

1. A criminal investigation report (CCTV image verification) [The defendant alleged that he did not commit an indecent act against the victim. The following circumstances acknowledged by each of the above evidences are consistent and concrete as follows: ① the victim makes a consistent and detailed statement about the situation before and after the prosecution process and the attitude of indecent act before and after the prosecution process up to this court; there is no reason that the victim would harm the defendant; and there is no reason that the victim would make a false statement to the victim when taking charge of punishment for perjury; ② the victim's statement is credibility in the statement in light of the victim's attitude of statement in this court; ② in particular, the victim is a woman who is generally small in the investigative agency where the victim is panty sticking. The victim is able to breath part of the breath part, which is suitable for the breath part.

However, the Defendant made a specific statement on the Defendant’s indecent act and the conduct of prosecution, etc., stating that he was aground in the buckbucks, the part that the panty stuck was finished, and the part that the fuck was spreaded to the part that the fuck was committed. This appears to have made the victim feel that the fuck was committed an indecent act, and the Defendant made a statement by partially leaving the fact that the fuck was not experienced.

(3) The victim shall be in the investigative agency and this court.

유사 판례

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-수원지방법원 안양지원 2017.02.03 2016고합177

-인천지방법원 2016.06.15 2016노235