beta
Text
The defendant shall be innocent.
Reasons
1. 공소사실 피고인은 2016. 3. 11. 07:53경 서울 강서구 공항대로 631 부근을 지나던 지하철 9호선 염창역에서 당산역 방향 전동차 내에서 혼잡한 틈을 이용하여 C(여, 29세)의 등 뒤에 몸을 밀착시킨 다음, C의 엉덩이에 자신의 성기를 비볐다.
Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place where the public is concentrated.
2. At the time of the instant case’s assertion, there were many persons in the previous car at the time of the Defendant’s assertion, and the Defendant followed the Defendant, thereby being somewhat pushed down the Defendant’s body and C’s body. However, there is no fact that the Defendant intentionally pushed down the Defendant’s body after the Defendant’s c, etc., and commits an indecent act against the Defendant’s sexual flag in her bum.
3. In a criminal trial, the burden of proof for the facts constituting the crime prosecuted lies on the prosecutor, and the conviction of guilt must be based on the evidence of probative value, which makes a judge not having any reasonable doubt that the facts charged are true, beyond the scope of a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
According to the evidence submitted by the prosecutor, the fact that at the time of the instant case, the Defendant was faced with the body behind C while moving his body from the subway 9-line salt station to the Simsan Station, and the fact that there was a space to move to the following after the Defendant even though there was a large number of people in the electric train, but there was a space to move to the next place.
However, in full view of the following circumstances recognized by the record, it is difficult to view that the evidence presented by the prosecutor alone alone proves that the Defendant intentionally committed an act identical to the facts charged is beyond a reasonable doubt, and there is no other evidence to acknowledge it.
Of the facts charged, the defendant will follow C's body.