The defendant shall be innocent.

1. The facts charged and the victim B (alias) are all aware of the facts charged.

At around 23:00 on October 1, 2018, the Defendant committed an indecent act, such as: (a) in the subway station of the water source of the branch line located in Seongbuk-gu, Sungnam-si, Sungnam-si, 1146 (Songnam-dong); (b) reporting the victim who was seated on the side while he was seated, and reporting his desire to do so; and (c) reporting the victim’s right buckbucks to the victim’s left hand against the victim’s will.

2. Determination

A. In a criminal trial, the burden of proving the facts charged lies in the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(1) In order to establish the crime of indecent act by compulsion, the Defendant’s act of contact with the victim’s body ought to be proven to the extent that there is no reasonable doubt that the act was an intentional indecent act.

B. According to the evidence duly adopted and examined by this court, the fact that the defendant's left hand on the side of the victim's right bucks is recognized at the date and place specified in the facts charged.

However, in light of the following circumstances recognized by each of the above evidence, the possibility that the above behavior of the defendant by the defendant may not be ruled out.

(1) At the time, the Defendant was under the influence of alcohol, and was seated before the victim gets on board the subway.

Even after the victim sits on the left part of the defendant, the defendant continuously sleeps without awareness of the existence of the victim (the defendant's statement in court and the investigation records 39 pages). (2) The defendant's hand is the bucks where the victim slacks.