(영문) 인천지방법원 부천지원 2021.01.13 2019고단940

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(영문) 인천지방법원 부천지원 2021.01.13 2019고단940

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 13, 2018, the Defendant: (a) 15:20 on October 13, 2018, 15:20, 91-1, located in the station located in the territory of the Seo-gu, Seogu, Seogu, Incheon, subway 2 line 1-1 trains located in the subway station of Incheon, which is going through a shooting distance station of the inspection team, and (b) her senth of the victim B (n, 25 years of age) using the gap in the subway, and her senth of the victim’s am.

Accordingly, the defendant committed an indecent act against the victim in the subway where the public is concentrated.

2. Determination

A. Relevant criminal trials are the prosecutor's burden of proving the facts charged, and the finding of guilt must be based on the evidence with probative value that leads the judge to have the conviction that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). (B) As evidence consistent with the facts charged in the instant case, there are statements made by the police of the victimized person, photographs of CCTV images related to the crimes A against the suspect (Evidence No. 5), and CD (Evidence No. 9).

However, in light of the following circumstances acknowledged in the record, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to prove that the defendant committed an indecent act with the intent to commit the prosecution.

The victim stated that the defendant was her her butt, and the defendant consistently denied the crime to the effect that the defendant did not keep the body of the victim consistently from the investigative agency, and that the defendant only she was her string towards the mentor, while on the move.

However, the victim is only a foreigner, and there is no reason to see who embarrasses in the police.

참조판례

-대법원 2010. 11. 11. 선고 2010도9633 판결

유사 판례

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