The defendant shall be innocent.

1. On August 3, 2017, the Defendant discovered the victim D and the victim D (age 38) within the subway train operating subway stations located in Seocho-gu Seoul, Seocho-gu, Seoul around 18:10 on August 3, 2017, and attached even to the left side of the victim when the electric vehicle arrives in the C Station, the Defendant used the difference around the passengers getting off to the lower part of the victim by hand, etc.

Accordingly, the defendant committed an indecent act against the victim in the means of public transportation which is a densely concentrated place by the public.

2. Determination

A. The victim’s statement (the legal statement of the witness D, the prosecutor’s office and the police’s statement of D, and the written statement of D) is direct evidence of the facts charged in the instant case.

According to the above evidence, the fact that there was a physical contact between the defendant and the victim is acknowledged, and there is a doubt that the defendant does not have the victim's body intentionally.

B. However, in a criminal trial, the finding of guilt ought to be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see Supreme Court Decision 2005Do8675, Mar. 9, 2006, etc.).

Examining the instant case in light of the aforementioned legal principles, the evidence presented by the prosecutor alone was proved to the extent that there is no reasonable doubt as to the Defendant’s indecent act as stated in the facts charged, in full view of the following circumstances shown in the argument and the record of the instant case.

It is difficult to see it.

1) After leaving the company on the day of the instant case, the Defendant boarded in the subway E station of subway No. 2, C Station, which was the front-time vehicle of this case.

On the other hand, F, etc. who is the defendant's workplace guard is boarding in G Station, which is next station and divided into personnel and simple dialogues with the defendant.