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The defendant shall be innocent.
Reasons
1. On June 8, 2015, the Defendant: (a) around 21:49 around June 21, 2015, boarded in the center line of the F Station located in Seoul E, and boarded in the front of the entrance while getting in the front of the entrance, the Defendant used the sound of the victim himself by a net hand aboard the entrance by the victim H (the age of 21).
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. Determination is based on the following facts: (a) the evidence submitted by the prosecution to prove the defendant's conviction is the victim's statements at the investigative agency and court of the victim's words together with the victim; and (b) the FJ CCTV images.
However, the FJ CCTV image is merely a photograph of the outside of the previous vehicle, which was waiting for the movement of the Defendant and the victim, rather than a previous vehicle, that there was a forced indecent act. The victim I's investigative agency and the victim I's statement is based on the victim's statement that the victim was forced indecent act as described in the facts charged within the previous vehicle and reported to the police after hearing the statement that the victim was forced to commit an indecent act as described in the facts charged, and that the victim was forced to drive the Defendant in the previous vehicle, and that the victim was forced to drive the Defendant to proceed to the police, which is the main contents of the victim's statement.
Therefore, the victim's investigative agencies and the statements in this court that the victim was forced to commit an indecent act by the defendant as stated in the facts charged are insufficient in light of the following circumstances.
① According to F station CCTV images and K submitted by the Defendant, the Defendant divided the Defendant’s wife and his workplace issues into K during the period from before the Defendant arrived at the front boarding vehicle to the front boarding vehicle. Until that time, the Defendant entered the front boarding vehicle to the front boarding vehicle and did not have any food on the rear side of the Defendant, and the Defendant was forced to commit an indecent act as well as on the part of the victim.