The defendant shall be innocent.

1. 공소사실 피고인은 2018. 8. 3. 18:05경 서울 성동구 B, 지하철 2호선 C역 건대방향 10-3 승강장에서 전철을 타기 위해 지나가던 피해자 D(여, 25세)의 음부 부위를 오른손 손바닥 부분으로 1회 툭 치듯이 만졌다.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

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 the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. (Supreme Court Decision 2001Do2823 Decided August 21, 2001, etc.).

As shown in the facts charged in this case, there are statements and ctv video images of the victim.

The ctv video seems to have a physical contact that the defendant and the victim face each other.

However, despite the fact that there was a space where the defendant could inflict damage on the victim, the defendant was faced with the victim.

or the shape of the defendant's hand, which was observed by the victim, was toward the part of the victim's sound.

It is difficult to readily conclude that the defendant's intention to commit an indecent act with the intention to commit an indecent act has changed solely on the ground that the moving dong line of the defendant after the collision or after the collision has disappeareded.

피고인의 일관된 주장과 같이, 공소사실 기재 일시, 장소와 같은 인파, 구조의 길에서 피고인이 기둥을 돌아 걷다가 다소 급작스레 마주친 피해자와 우연히 부딪칠 수 있고, 자연스레 팔을 흔들며 걷는 과정에서는 우연히 피고인의 손이 피해자의 음부 부위에 툭 치듯이 닿을 수도 있다고 판단되기 때문이다.

The defendant's way to go as it is is is will be exempted.