(영문) 수원지방법원 2019.09.19 2019노90 | 리걸엔진

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(영문) 수원지방법원 2019.09.19 2019노90

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim clearly stated in the investigative agency that the defendant used the chest parts and side bucks in the left elbow part of the bus in the left elbow, and caused bucks by hand, etc.; (b) the defendant was subject to a disposition of suspension of indictment on the side of the subway around 2016, which committed an indecent act against the female seated in the subway; and (c) the victim fleded the defendant to have the defendant on the day of the instant case; and (d) the victim escaped the defendant on the day of the instant case, the fact that the defendant committed an indecent act against the victim, as

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case.

2. Determination

A. Around 08:00 on November 10, 2017, the Defendant committed an indecent act by force against the victim, such as: (a) inside a metropolitan bus CD bus operated from the boarding home to the four-line watch station; (b) sitting down on the side of the victim E (the age of 23) who was divings; (c) using the victim’s chest portion and side elbbow with his left part of the ship; and (d) making the victim’s breabbbbbbs by his own hand.

B. The lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone committed an indecent act against the victim as stated in the facts charged, considering the following circumstances acknowledged as legitimate evidence by the lower court, and that there is no other evidence to acknowledge it.

1. Direct evidence of the charged facts of this case is that the victim's statement is sufficient.

However, the victim submitted to this court a written application containing the following facts: (a) the victim had reached an agreement with the defendant during the trial, stating that “the location of the defendant’s hand was inappropriate; (b) the defendant thought that he could have misunderstanding himself; and (c) the victim was present in this court to reverse the statement by appearing as a witness in this court.”

유사 판례

-수원지방법원 성남지원 2018.12.14 2018고단1165

-수원지방법원 2017.06.22 2017고단1175

-청주지방법원 2017.11.01 2017고단1688

-대전지방법원 2015.10.14 2014고단4384

-의정부지방법원 고양지원 2013.12.13 2013고단1948