성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant shall be innocent.
1. On February 11, 2015, the Defendant, along with subway 2, around 09:25, on the other hand, committed an indecent act on the part of the victim in the subway station in Seoul Special Metropolitan City, following the right side of the victim C (n, 21 years of age), with the Defendant’s sexual donation to the alternate station located in 287 as Seoul Seocho-gu, Seocho-gu, Seoul Special Metropolitan City, along with the subway 2 on the south-gu Southern cycle.
2. The defendant and his defense counsel asserted that the defendant reported the Handphone in the subway of this case, and that the defendant did not have any fastness to the victim as stated in the facts charged.
3. The victim’s investigative agency and this court have some statements and criminal video CDs as shown in the facts charged.
However, in light of the following facts and circumstances, each of the above evidence alone cannot be readily concluded that the defendant committed a crime as stated in the facts charged.
① According to the images of the video CDs, the Defendant was almost closely sealed by the victim’s right side, and the fact that the Defendant’s self-explosed is recognized, but on the other hand, according to the images of the CDs, the Defendant’s right shoulder was in contact with other third parties, and a certain degree of interval was maintained with passengers on the other side. However, at time, the Defendant contacted other passengers.
② In the video image, the Defendant reported Handphones with almost 10 minutes of age, and there seems to be no attitude to recognize that the Defendant had attempted to congested the sexual organ to the victim.
③ At the time of the instant case
2. The Defendant entered Cheongba in Cheongba, and the victim was suffering from the two boxes of nitroba, and again knited on that part.
4. The victim seems to be disobsure in this court that the defendant is relatively close to the other party, but is tight to sexual organ, etc.