The defendant shall be innocent.

1. The Defendant, at around 03:16 June 15, 2016, set aside a F (n, 28 years old) going home from the E-vehicle that was parked on the fel next to the DoMoel located in Mapo-gu Seoul Metropolitan Government around 03:16, 2016, and laid down his sexual organ.

The patent made a patent obscene act in a way that knifes by hand and knife below.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense charged is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interest of the defendant should be judged as the interests of the defendant (see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the public prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge it.

(1) The Defendant consistently from the time he was arrested as a current criminal to the time of this court, and consistently does not have any obscene act.

In addition, there was a difference between F, etc., and F, etc., and the Defendant was in the time of criminal facts, and there was a difference between the wall and the automobile at the same time (23 pages, 49-50 page of investigation record). As seen in (4) below, the possibility that the Defendant was in such a place with the intent to have a defense in fact cannot be ruled out. As seen in paragraph (4) below, the witness G’s statement in the court is in accord with the Defendant’s assertion, and it is difficult to believe the Defendant’s change at the place of criminal facts.