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(영문) 서울중앙지방법원 2019.06.05 2018고정2555
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 4, 2018, at around 18:55, the Defendant: (a) boarded the knee of the Defendant with the knee of the knee of the kne of the knee of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the

Accordingly, the Defendant committed an indecent act against the victim in the subway train, which is a means of public transportation.

Summary of Evidence

1. Each legal statement of witness B, C, and D;

1. The defendant in the police statement of B against the defendant was able to boom the body balance within the congested subway, and the body of the defendant was faced with the body of the victim before the lower body of the defendant. However, the defendant asserts that there was no fact that he had a physical contact with the victim with the intent to commit an indecent act against the victim.

However, according to the following circumstances, the defendant's assertion cannot be accepted since the criminal facts of this case can be sufficiently recognized based on the aforementioned evidence.

Although the victim did not accurately know which part of the body of the defendant was in contact with the victim, the victim made a consistent statement from the investigative agency to this court with regard to the fact that the victim suffered constant contact with the victim's left majority and her mare.

Although police officers who observed the scene of the instant crime at the time have somewhat different differences in the detailed part, the part that the Defendant constantly contacted the victim’s knee or knenebbbbbs with one knee, thereby clearly stating that the Defendant continued to contact the victim’s knee or knbbs.

Although the Defendant got knee in order to maintain the balance within the mixed subway, considering the difference in the expansion between the Defendant and the victim, the Defendant is able to have a considerable contact with the victim's knee.

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