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(영문) 인천지방법원 2018.08.17 2018고정266
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On October 4, 2017, the Defendant was seated on the right side of the front-class C motor vehicle of the special class 1 of the mountain-powered Hacheon-dong, a mountain-powered Haak-dong, a mountain-powered 1, in a section between the flue railroad station and the new-do forest station on October 4, 2017

D's cell phone breaking up the D's cell phone, expected D's body, but D's body was exposed to and left behind D, stated in the written indictment that "I want to change the direction to the victim E who was seated on the left side of the D's," but, according to the testimony of the prosecutor and the witness requested by the defendant, E was sitting up on the side of D and there is a fact that G was seated towards the Defendant's left side.

The defendant did not have the intention to commit an indecent act due to cerebral typhism by the act committed against the victim E.

C. In this case, recognizing the placement of a victim's daily job differently from the facts charged does not affect the defendant's exercise of his right to defense.

Since it appears ex officio, the above facts constituting the crime are changed.

The victim E(n, 21 years old) expected to be the victim E, and the victim's her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendant committed an indecent act against the victim in a concentrated place as above.

Summary of Evidence

1. Each legal statement of witness E, D, and F;

1. The record of the police statement about E (the fact that the defendant is taking brain dynasium for a long time, and the symptoms of the defendant's brain dynasium describing around the members, family members, and relatives are included in the symptoms of the defendant's brain dynasium for the purpose of not using the body of the defendant's dynasium.

However, in light of the following circumstances, the defendant's action in this case is more close to the accompanying behavior than by brain salpulphy.

I seem to appear.

Therefore, the intention of indecent act can be recognized.

(1) Victims and witnesses shall coincide.

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