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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On July 11, 2016, the Defendant: (a) when a pre-chilled CJ in mountain, the upper and the upper center line of around 07:50, is in operation between the session station and the blue-ri station; and (b) within the second guest vehicle, the Defendant entered a fluor in the lower part of the lower part.
After D(n, 27 years of age) the Defendant’s sexual part of the Defendant’s sexual part, which is even 3 to 4 minutes of age, was pushed her her son’s her sexual part on the part.
Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.
2. Determination
A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction shall be based on evidence with probative value sufficient to ensure that the judge is true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2008Do4467, Jul. 24, 2008, etc.). (b) Taking full account of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor, such as part of D’s police and court statements, part of police officers’ testimony, and video taken at the time, etc., sufficient evidence to acknowledge that there is no reasonable doubt that the defendant committed an indecent act against the victim, such as the entries in the facts charged, cannot be proven otherwise.
① As consistent from the investigative agency to this court, the Defendant was on board the instant facts charged from F to the date and time indicated in the instant facts charged, but there was no physical contact with D, and even if there were many people to the extent that he could not find his body within the previous vehicle at the time, there was an infinite physical contact with D.
Even if the defendant did not have the intention to commit an indecent act,
(i) make statements;