성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant shall be innocent.
1. On July 13, 2018, the Defendant: (a) around 08:40 on July 13, 2018, the Defendant committed an indecent act against the victim in the means of public transportation, which is a place where public concentration is located, by making three times the left tur of the victim D (the age of 20) who was in front of the Defendant, in his/her hands, she was in his/her hands in his/her own turb.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. (Supreme Court Decision 2001Do2823 Decided August 21, 2001, etc.).
The Defendant consistently asserted that the investigative agency was in the subway station for transfer transfer, and that there was no indecent act against the victim, such as the instant facts charged.
C. As shown in the facts charged in the instant case, there are statements made by the victim and CCTV images installed inside the train with a new light rail and the C Station.
However, comprehensively taking account of the following circumstances acknowledged by the evidence revealed in the trial process of the instant case, it is insufficient to recognize that the Defendant intentionally committed an indecent act against the victim solely based on each of the above evidence, and there is no other evidence to acknowledge this.
1 The victim stated in the investigation agency and this court as follows:
① At the time of the instant case, the victim was able to take the last column out of the four strings of the ebbbr. At that time, the victim was able to take the last column and move to the C Station. At that time, many passengers are on board the vehicle, and two to three passengers are on board in front of the victim, and the body is string back to the right side of the victim.