강제추행
The defendant shall be innocent.
1. On April 26, 2017, the Defendant: (a) around 23:05, on the 23:06th day of May 2017, 201, was seated above the seat of the victim C (V) in the front dong-dong, Gangnam-gu, Seoul, with the inner air room located inside the subway station located on the part of the subway 7, which is located in the subway 346 route; and (b) was able to write down bucks directly with the victim’s right.
Accordingly, the Defendant committed indecent act against the victim by assault.
2. As to the determination, the Defendant consistently denies the facts charged while the Defendant intentionally commits an indecent act against the victim, such as the entries in the facts charged, from the police.
On the other hand, direct evidence corresponding to the facts charged in the instant case is the victim's statement.
However, in this court, the victim sbucks, on the outside of the middle part of the buckbucks, caused the Defendant's hand to be sbuck off.
Considering the above statement that the victim made a statement even though he/she made a statement, the defendant's main situation at the time, etc., it is difficult to eliminate the possibility that the defendant's hand, etc. that the victim was seated next to the bucker's seat might be mistaken for an intentional indecent act with the victim's hand on the bucker's side.
In light of the above, it is difficult to readily conclude that the police and the legal statement of the victim alone committed an indecent act against the victim as stated in the facts charged with the intent to commit the crime, and there is no other evidence to acknowledge it.
3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of not guilty is rendered in accordance with the latter part of Article 325 of the Criminal Procedure Act. It is so decided as per Disposition.