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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On July 28, 2017, the Defendant, within the history of subway E, located in Young-gu, Young-si, Young-si, Suwon-si, and taking a photograph of the victim’s spawn by using the video function of cellular phones attached immediately after the victim, who is in the name of escalator in the upper direction by suffering spathal and suffering from spathal.
B. The Defendant, at the time, at the time, and at the place of the above paragraph 1 above, recorded the fat of the victim F (n, 35 years old), who was on board an escalator in the upper direction, using the video function of the cellular phone, and taken the fat of the victim’s fat.
Accordingly, the Defendant taken the body of the victims who could cause sexual humiliation or shame over a total of twice as seen above against their will.
2. The defendant and his defense counsel did not have taken photographs of victims at the time and place of criminal facts stated therein.
3. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.
In addition, the above strict proof includes all the specific criminal facts stated in the indictment by the prosecutor, and in particular, the date and place of the crime specified in the indictment is the main object of exercising the defendant's right of defense, so the criminal facts should be recognized through strict proof, and there is proof of the criminal facts on the ground that there is a possibility that the crime was committed at other time and place despite the lack of such proof.
shall be recognized.