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(영문) 서울남부지방법원 2016.04.06 2015고단5082
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant shall be innocent.

Reasons

1. On September 22, 2015, the Defendant: (a) around 07:57, around the subway E station in Guro-gu Seoul Metropolitan Government, committed an indecent act against the victim by making three times his/her her son G (V, 31 years old) away from the bus located near the rear door in order to get off from the bus at the bus stops near the subway E station in Guro-gu.

2. Comprehensively taking account of the statements made by investigation agencies and courts of G in the above case, many people were on board the bus at the time of the above case to the extent that it was difficult for them to move their body, and G was out of the rear door of the bus, and after which “the height was 178 to 180cm,” which was later after G, “a man who was in a white line, in a white line, in a white line, or in a black yellow line, and in a car or in a black color, was pushed down the lower body part of G at the lower body, and it was difficult for them to recognize that the bus was close to him through the rear door of the bus at the time when the bus arrived at the bus stop, and it was hard for them to recognize that there was an indecent act by a man in a way that he was an indecent act by a man in a way that he was found to be an indecent act by a man in a way that he was not aware of his body within 80cm from the lower body of G,” but it was hard to recognize that it was an indecent act by a man.

3. In conclusion, the instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.

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