강제추행
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Although there was a fact that the Defendant, around the time when the facts charged in the instant case were recorded, only five departure districts in the D calendar calendars, the Defendant did not commit an indecent act against the victim.
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. On June 2, 2016, the Defendant found the victim E (the 25 years of age) that, in the exit area No. 00:08, the Seoul Gangnam-gu Seoul Metropolitan City C subway No. 2 line No. 5 Station D, putting the stairs into the D Station subway, putting the stairs into the D Station subway, found the victim E (the 25 years of age), and committed an indecent act by force against the victim by extending the hand to the part of the victim.
3. Determination
A. In a criminal trial, the conviction should be based on evidence with probative value that can lead a judge to feel true beyond a reasonable doubt, and if there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). (b) The evidence that corresponds to this part of the facts charged is written by the victim, the police of the victim, and the court below, each of the statements in the CCTV video recording (19th page of the evidence record), photographs (19th page of the evidence record), CCTV video CD (27th page of the evidence record), T-Mone member, T-Mone member, and T-Mone card distance statement, but the evidence duly adopted and investigated by the court below and the court below are sufficient to prove that there is an indecent act by the defendant. In full view of the following circumstances acknowledged by the evidence, the evidence alone is insufficient to prove that the indecent act by the defendant was committed.
It is difficult to see it.
① The CCTV images in CCTV images were taken by the victim and the suspect, who were against the Acryle board, as soon as possible, in the wall of the stairs partitioned by five and six exits in the D basin, and the figures of the victim and the suspect are identified only in the above CCTV images.