(영문) 인천지방법원 2017.10.20 2016노5299 | 리걸엔진

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(영문) 인천지방법원 2017.10.20 2016노5299

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The prosecutor's appeal is dismissed.

Reasons

1. In full view of the Defendant’s attendance channel, victim E, control police officer F, G’s statements, control video CDs, etc., the Defendant could fully recognize the fact that the Defendant committed an indecent act against the victim as described in the facts charged, but the lower court is insufficient to prove the facts charged.

The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Determination

A. In light of the following facts acknowledged by a control video CD duly adopted and investigated, the lower court found the Defendant not guilty of the facts charged on the ground that it is difficult to believe that each statement made by the victim E, F police officer F, and G is in fact, and other evidence submitted by the prosecutor alone is the Defendant’s sexual intent to contact E, and even if such contact was made, it is insufficient to recognize whether the Defendant committed an indecent act with intent.

1) Defendant 1 was left behind the left side of E, and Defendant 2 was left behind E, and Defendant 2 was left behind the aftermath of E, and there was a nameless male who followed the horns of rhinoceros and the horns of rhinoceros. However, the body of the above male was closely adhered to E.

On the other hand, the body of the defendant does not seem to be closely adhered to the body of E, and it seems that the left shoulder of the defendant's name is located between the defendant's right shoulder and E.

The Defendant’s body appears to have contacted part of the left side of E, but it seems to have been due to the fact that passengers were pushed down and pushed down by mixing the subway inside.

In particular, it seems that the middle-year female who was immediately following the defendant was in the body of the body of the defendant.

2) After a subway gets on board the subway, E did not see the Defendant’s side or displeasure.

E is being pushed ahead of other passengers when he gets on the first subway.

유사 판례

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-인천지방법원 2016.01.15 2015고정3331

-광주지방법원 2014.11.20 2014노1149

-대구지방법원 김천지원 2016.05.26 2015고단1645