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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On September 29, 2014, the Defendant: (a) committed an indecent act in a manner that the victim E (the 58 years of age) was sealed by the victim’s left bucks in the area where the victim’s bucks were sealed in the area near Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the victim E (the 58 years of age).
2. There is no intentional indecent act as shown in the facts charged, even though the Defendant and the defense counsel’s body can be scept away.
3. Determination
A. The burden of proving the facts constituting an offense prosecuted in a legal Riin criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, it is doubtful that the defendant is guilty even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014). (B)
However, in light of the evidence duly adopted and examined by this court and the following circumstances revealed in the records, there is a reasonable doubt that a part of the body may not intentionally be contacted, such as the defendant and the defense counsel's assertion.
Therefore, it is difficult to recognize the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place).
① The Defendant seems to have been under 70 years of age, even when examining the form in the court, to have a certain degree of restriction on free movement, and even if he did not intend to do so (at the time, it appears that the Defendant would have been under scam at the time) in urban buses, it is highly likely that he may be under close to the body of the surrounding people or undermining the body of the surrounding people.
In addition, even if the body is sealed or contacted, it may not be ruled out that the defendant himself does not know it.
(2).