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(영문) 창원지방법원 2017.04.13 2016노2885
철도안전법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not trade a train crew F’s arms, or f’s chest or shoulder, and had a name tag f’s chest, which was f’s chest, but the Defendant’s hand does not contact F’s chest because F was followed.

② As to the instant charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) (hereinafter “Indecent Acts in Public Crows”) (hereinafter “Indecent Acts in Public Crows”), the Defendant’s grandchildren contacted F’s chests.

Even if it is difficult to see it as an indecent act, there is no intention to commit a crime, and there is a special circumstance that it is difficult to see it as an indecent act using the general characteristics of the densely concentrated place.

(3) The punishment for the original adjudication (the punishment shall be five million won, the completion of a sexual assault treatment program for 40 hours) shall be too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination as to the defendant's grounds of appeal No. 1

A. Legal doctrine 1) In general, human memory in light of the empirical rule is to go along with the passage of time, and the other party to the crime made a statement that corresponds to the facts charged at an investigative agency.

Even if the defendant is present in the court and asked questions about the authenticity of the statement that is disadvantageous to the defendant, due to the difference in the expression, there is a part that shows consistency in the minor part or the first conclusive part of the statement, unless it is clearly revealed that there is a clear motive or reason to make the statement unfavorable to the defendant in light of the empirical rule.

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