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The defendant shall be innocent.
Reasons
1. On July 21, 2016, the Defendant committed an indecent act on the part of the victim, who boarded a subway operated in the direction of a room in the station of the station around 08:30 on July 21, 2016, by inserting his hand below the right half of the victim’s right, and by making the right knife turn on one stop.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.). (b) The defendant denies the facts charged while there is no indecent act against the victim from the police to the court, and thus, the defendant denies the facts charged, so there is a statement at the investigative agency and court of the victim and the court of the C, as evidence consistent with the facts charged in the instant case, there is a statement at the victim’s investigative agency and court and the witness C’s court.
(1) The victim stated in the investigative agency and the court that the victim committed an indecent act against the victim by inserting her hand within the radius of the victim, and her knife, her knife in the subway, and that there was no person to commit such a crime under the circumstances at the time.
In particular, the victim was found to have committed similar indecent acts in the subway on the grounds that the defendant was found to be an offender, and at the time, the defendant was suspected of committing an indecent act in the subway, and the victim was aware of his face as an offender, and the victim was also accused of committing an indecent act on the day of the case, and the following was also cited.
However, even according to the statement of the victim, the victim was unable to directly witness the indecent act of the defendant (the first police statement is subsequent to the "the defendant who saw the defendant's grandchildren".