beta
Text
The defendant shall be innocent.
Reasons
1. On June 2, 2016, around 07:57, the Defendant discovered the victim E (V, 25 years old) who was in front of the front door of the same Dong in order to lower the Defendant’s identity at the seat of the D station located in Seocho-gu Seoul, Seocho-gu, Seoul, at the front of the election, and added the victim’s her son’s son by hand.
Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.
2. Determination
A. The prosecutor bears the burden of proving the facts constituting the element of the crime charged in a criminal trial, and the acknowledgement of the facts constituting the crime must be based on strict evidence with probative value, which makes a judge not likely to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the degree of conviction as above, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011). B. The only evidence that seems to conform to the facts charged in the instant case is E’s statement.
However, according to its statement, it is evident that E was indecent act at the time and place of the instant facts charged, but considering the following circumstances, there is high probative value of the statement as to whether the Defendant committed such act as above, as much as there is a reasonable doubt.
As such, it is insufficient to recognize the facts charged of this case, and there is no other evidence to prove the facts charged.
(1) A person who committed an indecent act by E who committed an indecent act against the defendant at the same time makes a statement about the circumstances in which he/she was designated as a person who committed an indecent act by committing an indecent act by committing an indecent act.
The accused, who was doubtful, became the first in the future.
E, “I have come to go beyond now, I have to do so.
The defect, the Defendant’s only did not know about “I”.
“......................”