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The defendant shall be innocent.
Reasons
1. On May 29, 2013, the Defendant: (a) around 16:00 on May 29, 2013, the facts charged in the instant case, following the victim C (Nam, 10 years of age) waiting for subway along with the horse c, waiting for subway at the platform of the direction platform for the Gyeongdodom 81-1 subway-1 subway 3, Jongno-gu Seoul, Seoul; (b) the Defendant, on his own hand, led the victim to the part of the Defendant’s sexual flag above the part of the victim’s mother, and by force,
2. Determination
A. Main evidence as to the facts charged in the instant case lies in a CD of CCTV images taken at the time of the instant case, a photograph that extracted the above CCTV images, a written statement and a complaint prepared by the victim’s parents, and a protocol binding on the victim’s statement.
B. However, when examining the images of CCTV taken at the time of the instant case and the photographs from extracting such images, the Defendant, at the time, posted the subway platform, seeed the victim who was fright together with his/her care, and continued to walk one another with the right part or the side part of the victim’s right part.
Considering the fact that the Defendant, at the time, is the victim’s length and position long from the victim’s body (the Defendant’s hand was not the side of the victim, but the middle height of the bank, which was faced by the victim, etc.), the direction at which the victim was viewed, or the distance between the Defendant and the victim (the victim is not going towards the direction of viewing the Defendant, and the Defendant was coming to the victim, and the Defendant was at a distance from which the Defendant’s body side of the victim’s body should be checked by entirely going to the victim’s body), even though considering the aforementioned CCTV and photograph, it is difficult to see that the Defendant’s hand physically does not seem to be easily seen from the CCTV to the victim’s mother.
C. In the statement or the complaint of the victim, “the defendant was only the victim’s sexual organ.”