성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant shall be innocent.
1. On October 17, 2016, the Defendant, at around 07:45, committed an indecent act against the victim in a place where the victim’s sexual organ is closely populated by taking advantage of the gaps around the victim B (V, 38 years of age), etc., in the front line of the subway No. 9, located in the subway No. 631, along the airport of Gangseo-gu Seoul Metropolitan Government, from the subway No. 631, to the air basin of the Sinsan Station.
2. The burden of proving the facts charged in a criminal trial for determination ought to be borne by the prosecutor, and the conviction ought to be based on evidence of probative value, which makes the judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant is to be determined.
As shown in the above facts charged, there is each legal statement of the defendant, such as the suspect interrogation protocol, witness C and D, who are the control police officers, for the defendant.
There is a fact that the defendant committed an indecent act against the victim in the prosecutor's office.
In this Court, the police officers at the time observed the indecent act of the defendant in this Court.
In light of the statement, it is doubtful that the defendant does not commit an indecent act against the victim, such as the facts charged.
However, the victim adopted as a witness and submitted a statement of reasons for non-appearance to the effect that "if the police knew of sexual indecent act by putting him/her, he/she only prepared the statement and changed his/her written statement to the effect that "if he/she was aware that he/she was sexual indecent act by putting him/her, he/she was not allowed to do so." The victim made statements to the same effect in telephone conversations with the prosecution investigator.