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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. 공소사실의 요지 피고인은 2013. 9. 19. 20:20경 평택시 C 소재 D약국 앞 노상에서, 맞은편에서 걸어오다가 피고인을 피하려던 피해자 E(여, 17세)에게 다가가 왼손으로 청바지를 입고 있는 피해자의 음부를 툭 치듯이 1회 만져 아동ㆍ청소년인 피해자를 추행하였다.
2. As evidence that seems to correspond to the facts charged in the instant case, the victim, the police of F, and the statements in this court are made. Accordingly, there is doubt that the defendant is not an indecent act against the victim.
However, in full view of the following circumstances acknowledged by the record, it cannot be ruled out that the victim could have mistaken the defendant who was in the vicinity of the place of crime as a criminal without properly recognizing the appearance, etc. of the offender, and the evidence submitted by the prosecutor alone is insufficient to deem that the defendant committed the same crime as the stated in the facts charged, to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it otherwise.
① At the time of the instant case, the victim was committed an indecent act in the process of coming up with the offender who was walking ahead of the cell phone case room in F, etc., and notified F, etc. of the fact of damage, and then discovered the Defendant back to the corner of a pharmacy located adjacent to the above cell phone case room and identified him as the offender.
However, the victim was unable to trace the offender immediately after the victim was able to commit an indecent act, and there was a few time intervals until the defendant was found.
(2) At the time, at night, the victim appeared to be a foreigner in East Asia, and the victim appeared to be a foreigner in East Asia. In addition to the fact that the victim was a foreigner in East Asia.