The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is that the Defendant committed an indecent act against the victim in public means of transportation, such as: (a) around June 30, 2014, around 08:34, the Defendant: (b) around the Seoul Southern-gu Seoul Metropolitan City Southern-ro Line 2, which operated as a shooting slope in the front line; (c) attached after the victim E (V) and attached after the victim E (age 26).

2. Determination

A. In a criminal trial, the establishment of a criminal facts must be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that the prosecutor would lead to such conviction, the determination should be made in the interests of the defendant.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

As shown in the facts charged in the instant case, there are witness F and G’s each legal statement, witness E’s legal statement, police protocol of the victim E, criminal statement, photograph and CD by capturing a photograph and a CD.

Each evidence is examined.

C. First, it is insufficient to recognize the facts charged in this case as to each of the images of video CDs and screen pictures taken by police officers who have taken the situation within the dynamics.

① On the screen of CD 1 (e.g., written as “A” in the sign, and total of 5:58 quantity), the Defendant’s booming expenses for booming to people at the time of the instant case after having a pipe of earphone on the front line (e.g., 00:10 to 0:17) and booming on the left hand immediately following the victim E, and the movement of body against the victim as shown in the facts charged does not completely reduce the movement of booming to commit an indecent act like the facts charged.

In addition, as the noise of the door is stopped and opened in the shooting station, the victim E moves in the future and the space occurs, it is the mobile phone that the defendant used on the left hand.