Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

2. Determination

A. In a criminal trial, the establishment of a criminal facts must be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that the prosecutor would lead to such conviction, the determination should be made in the interests of the defendant.

(See Supreme Court Decision 2010Do14487 Decided April 28, 2011, etc.). The Defendant and his/her defense counsel asserted that the Defendant would overtake the victim to board the subway prior to the subway, and that the Defendant would have contacted the victim with the shoulder at the time, and that there was no intention to commit an indecent act as stated in the facts charged, with the intent to commit an indecent act against the victim.

B. Therefore, the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court of this case: ① At the time of this case, the victim was waiting for a subway transit vehicle in front of the front side of the left part of the subway in the direction of viewing the subway in the subway line No. 2 subway station platform (hereinafter “instant platform”) with the passengers waiting to wait for the subway, and the defendant was waiting for a subway transit vehicle on the rear side of the victim. While the victim was waiting for a subway transit vehicle, there was a passenger waiting for a subway transit vehicle even at the right side of the platform of this case, and there was some empty seat in the front side of the platform; ② at the time, the victim was viewed as a cell phone screen with a handbast in the shoulder that entered the front door.