The defendant shall be innocent.

1. On May 20, 2016, the Defendant: around 09:04, the Defendant 5-minuted the Defendant’s sexual organ on the back of the victim E (V, 26 years old) who was in front of the Defendant in front of the Defendant at the 1st entrance near the 2nd of the moving train of Seoul subway No. 9, Seoul subway No. 5, which started from the subway 9, and operated as the air basin of the moving station on the same side of the damaged, and committed an indecent act on the part of the passenger vehicle, which is a place where the general public is concentrated, by taking the Defendant’s sexual organ in the same way on the same part of the victimized person, depending on the victim who moves his body.

2. Determination

A. The finding of guilt in a criminal trial must be based on evidence with probative value, which could lead a judge to confluence that the facts charged are true beyond a reasonable doubt. If there is no such proof, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). (b) In addition, evidence consistent with the facts charged of this case only includes statements at the victim's investigative agency and this court, investigation report (control situation and arrest circumstance), correspondence with the victim, and the following circumstances acknowledged by the records of this case. (i) Control police officers find even if the defendant was found that there was an abnormal attachment of the facts that the victim had committed an indecent act, such as the victim, but did not directly arrest the victim as a male police officer.