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(영문) 수원지방법원 안양지원 2020.07.24 2019고정782
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On March 26, 2019, from around 08:20 to 08:26, the Defendant committed an indecent act by committing an indecent act by committing an indecent act on the part of the victim B (the 24-year-old age) with a finger hand in a state where the Defendant was placed on the part of the passenger car of light transport agency subway 1, which is a place for public gathering, with a dyke through a dyke.

2. The defendant and his defense counsel asserted that although the defendant was on board the pertinent subway for attendance at the time of the instant case, there was no fact that the defendant intentionally commits an indecent act on the part of the defendant, although there was an inevitable physical contact between many passengers.

3. The direct evidence of the facts charged in this case by the defendant and his defense counsel is that the victim's statement is sufficient.

The victim stated that "the victim was aboard the passenger vehicle of subway No. 1 at the time of the instant case, but there were many people in the tin area, and the defendant was pushed ahead of the victim from the right side of the victim's right side, and thereafter, the defendant was faced with a space since there were many people in the Geumcheon-gu Office, Geumcheon-gu Office, as long as the defendant was pushed down, the damage of the defendant, who was going through the dys of the victim, was fright to the right chest of the victim."

In addition, the victim stated to the effect that "a large number of people was faced with the victim even if there was a space in the Geumcheon-gu Office, the defendant was pushed down with the victim, the fingers from the end of the DNA, and the victim was making a prudent efforts to prevent the victim from driving the victim on his left hand, and therefore, the victim seems to have been making efforts to prevent him from driving the victim on his own hand, and therefore, the victim is deemed to have committed an indecent act on purpose other than on his own."

The statements about the victim's indecent act are consistent and reliable.

However, considering the following circumstances revealed by the victim's statement and other evidence, the victim's statement and other evidence can be considered.

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