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(영문) 서울북부지방법원 2016.06.23 2016노611
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The victim I and K made a statement about the indecent act of this case specifically without inconsistency with each other. In full view of these victims' statements, although the defendant was found to have committed an indecent act against the victims as stated in this part of the facts charged, the court below acquitted the victims as to this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court against the Defendant (an amount of three million won) is too uneased and unfair.

2. Judgment on the assertion of mistake of facts (not guilty)

A. On July 3, 2015, around 08:20 on July 3, 2015, the Defendant was boarding a subway train operated in front of H from the subway G station located in Seongbuk-gu Seoul, Seoul, to the front station of the subway station, and subsequently, the Defendant was placed in the victim I (n, 25 years of age) who was her front of the subway station, with the part of the Defendant’s sexual flag attached even after the victim I (n, 25 years of age) being pushed back to the victim’s her her her her her her her her her her her her her her,

At around 08:30 on the same day, the Defendant stopped in front of H in Jongno-gu Seoul, Jongno-gu, and committed an indecent act against the victim in the public means of transportation in a manner that the victim's her turbane was cut off one time by hand.

(2) Defendant 1 committed an indecent act against the victim in a public means of transportation by breaking the victim’s mar with her mar at the time, place, and after the victim K (n, 25 years of age)’s mar part on the part of the Defendant’s sexual flag, with his mar at the victim’s mar at the time and place under the above paragraph (1).

B. The lower court determined that the physical contact between the Defendant and the victims was likely to have not gone beyond the ordinary level of physical contact within the same dynamics, and that the victim I am her her her her her her her her her her her her her her her own her her her her her her her her her her her her

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