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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. On November 29, 2017, the Defendant: (a) around 23:24, the Defendant: (b) operated in the subway station located in the same district of subway No. 6 located in the subway No. 116 in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul; (c) used the left left side buckbucks of the victim C (the age of 22) as the floor of the right hand.
Ultimately, the Defendant committed an indecent act on people in means of public transportation.
2. The prosecutor bears the burden of proving the facts that constitute the elements of the offense charged in the judgment criminal trial.
The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.
In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the evidence alone presented by the prosecutor that the defendant committed an indecent act in a public concentrated place, such as the facts charged, by force, against C with the intent to commit an indecent act at a public concentrated place
It is insufficient to conclude it, and there is no other evidence to acknowledge it.
1. C At the time of his attempt to sit in the seat of an investigative agency and this court, the defendant was found to have no other things or the defendant's hand, etc., and he was seated when considering that he was expected to sit in the seat of the subway on the left side of the subway, and he was able to do so.
In the last time, I think about it later, and make a statement to the effect that it is deemed that it was the defendant's hand.
If C's statement is correct, C's hand did not have the seat before C was seated, and C's seat was intentionally made by the defendant.