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(영문) 서울동부지방법원 2017.02.03 2016고단1538
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 15, 2016, the Defendant: (a) committed an indecent act against the victim on the electric car, which is a means of public transportation, for about five minutes until the victim’s sexual organ arrives in the old calendar by closely sticking to his her her mare, mare attached, by the victim C (V, 19 years old), etc., who was concentrated in the mared in the electric train in the direction of the old calendar station in the speed of 188 subway 9 via the distribution of new stocks in Seocho-gu Seoul, Seocho-gu, Seoul.

2. In light of the following circumstances acknowledged by the records of this case, each of the statements in the victim, D, E investigation agencies, and this court, which are admitted as evidence corresponding to the facts charged of this case, is hard to believe as they are.

The evidence submitted by the prosecutor, including documentary evidence and video CDs, is insufficient to acknowledge the facts charged in the instant case, and there is no other evidence to acknowledge it.

① Even based on the film of a documentary film CD, the lower part of the lower part of the Defendant (at the time, the Defendant was taking back a white figure) who was frightened after the victim’s her shot end during the time of discharge is repeated as it was naturally contacted with the victim’s body and nature depending on the trace of the electric dynamics, and it is not deemed that the Defendant was closely her son and her son, as indicated in the facts charged.

두 번째 동영상 파일의 2:40 경 피고인이 ‘ 고의로’ 하체를 앞으로 크게 튕겼는지 여부 또한 위 영상만으로는 명확하지 아니하다.

(2) D and E, a enforcement officer of control, had a witness to an indecent act committed by the Defendant while waiting for subway, and he gets on board together with the Defendant. After that, the Defendant had a witness to commit an indecent act committed by the Defendant using the scam of the train in which the body part of the victim is closely adhered to the body of the victim.

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