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The defendant shall be innocent.
Reasons
1. On October 3, 2016, the Defendant: (a) boarded in a sub-area bus in the sub-defluent line in Seoul, Jung-gu, Jung-gu, Seoul; (b) sitting in the front seat of the driver’s seat; and (c) laid down the Defendant’s turn-off cab on the side of the victim E (the age of 23) and laid down the Defendant’s turn-off cabbbbbbbbbbbs; and (d) laid down the victim’s right bucks down below the above buck, and committed an indecent act on the victim’s right buck in the bus located in public concentration.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is reasonable to determine it as the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). (b) As evidence consistent with the facts charged in the instant case, there is the victim's statement in the investigative agency and this court and the victim's reproduction of bus boom video CDs.
However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the said evidence alone was proved to the extent that there is no agreed doubt that the Defendant committed an indecent act against the victim or committed an indecent act against the Defendant.
In addition, the evidence submitted by the prosecutor alone is not sufficient to recognize it, and there is no other evidence to recognize it.
1) When the police investigation conducted the victim, the defendant's clothes was put on the victim's buckbucks, and the defendant's hand was only taken on the victim's bucks, and the defendant's hand was caused by the victim's bucks.
was stated.
In this regard, the victim was at the time of the prosecution investigator and telephone call with the prosecution investigator, but at the right right bucks.