(영문) 수원지방법원 2018.05.17 2017고단6736

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(영문) 수원지방법원 2018.05.17 2017고단6736

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2017, the Defendant started from a bus terminal located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon Metropolitan City on April 19, 2017, and operated on the surface of the terminal of the shuttle bus, and opened the seat on the left side of the victim F (n, 21 years of age, 31 years of age, 40), and opened the victim's left side buckbucks and left bucks, and continued to get off the victim, only once the victim's am am, as the victim's am.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Legal statement of witness F;

1. Victim G photographs;

1. The investigation report (as to the investigation of the bus booms), [the victim knew of the defendant's act to the male-friendly room through G Mesens, and there is no reason to dismiss the defendant, who is the one not known prior to the instant case, immediately after the instant crime was committed, it seems that there was no time to make a different calculation by making a report from the bus 112, and there is no time to request the defendant to make a mutual agreement. The victim's statement, in full view of these circumstances, shall be acknowledged credibility.

Although the Defendant asserts that the victim’s statement is false and denies his criminal act, the view objectively confirmed that the Defendant used the mobile phone by putting comments on the web page of the northwest and sending out G message is that it does not overlap with the time of the instant crime, and it does not overlap with the time of the instant crime. ② The Defendant himself was holding the victim’s seat at the time of committing the crime, and the fact that the victim’s seat was contacted with the victim’s hand (4-5 pages of the prosecution interrogation protocol), ③ the Defendant’s hand and shoulder might have been proven on the Defendant’s hand and shoulder.

At the time of crime, the driving of the hand or arms is itself.

유사 판례

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