The defendant shall be innocent.

1. On July 1, 2013, the Defendant committed an indecent act against the victim D, who was seated next to a bus in Seoul, a means of public transportation in the vicinity of an expressway that passed through the Gu and Si around July 23:17, 2013, on the part of the victim D, who was seated in the seat above the bus located in the window in Seoul, a means of public transportation, and was driving at the window.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(See Supreme Court Decision 2005Do767 delivered on April 15, 2005, etc.). B.

In full view of the following circumstances admitted by the record, the evidence alone submitted by the prosecutor is insufficient to deem that the defendant committed an indecent act against the victim without any reasonable doubt, and there is no other evidence to prove otherwise.

① In order to obtain consistent phone calls from investigative agencies to this court, the Defendant, while trying to take out a cell phone device left of the chests, may contact the chest of the victim, but did not commit an indecent act against the victim. However, the Defendant denied the charge of the instant case.

(2) At the time of the victim's response, the floor of the victim's hand and the right chest of the victim shall be deemed to have been contacted by the victim.

However, at the time when an indecent act was committed, the children of the defendant was called as the cell phone with the defendant, and the driver of the express bus who was driving in front of the defendant and the victim at the time is cell phone.