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The defendant shall be innocent.
Reasons
1. On November 24, 2013, the Defendant: (a) around 20:05, at the subway train that passed the subway station of five subway lines located in the ridge-dong, Gwangjin-gu, Seoul; (b) at the entrance of the entrance at the entrance of the entrance, the victim C (V, 31 years old), who was at the entrance of the entrance at the entrance, became her son and her son.
The Defendant committed an indecent act against the victim in the subway train, which is a means of public transportation.
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 Supreme Court Decision 2010Do14487 Decided April 28, 2011, etc.). The Defendant and his/her defense counsel asserted that the Defendant did not properly hold his/her body in the process of intending to get off the subway to get off the subway, thereby having a physical contact with the victim. However, the Defendant’s intentional act with the intent to commit an indecent act as stated in the facts charged.
B. Therefore, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant, in the course of breaking and leaving the mountain conference members and North Korea mountain on the day of the instant case, she was able to take a scambrick at around 19:42 from the 18:01 subway line station around the 19:42, when she was frightd from the electric manual, and she was driven by the electric manual at around the 19:42. Since she was on board the five-line subway line in the vicinity of the 7-line 7-line 7-line 7-line distance, she again was frightd from the Defendant’s house direction to get off the five-line line, and ② the victim was fright back in front of the front line, but the Defendant was on the left floor after the victim’s back.