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The defendant shall be innocent.
Reasons
1. On August 28, 2013, the Defendant: around 22:15, the charges were met once, as the Defendant was pushed back to the victim C, etc., who was going to get off the subway 8 lines located in the subway line 7 Dong-dong 7, Seongdong-gu, Sungnam-si, Sungnam-si, and sought to get out of the subway line 8 lines located in the front line.
Accordingly, the defendant committed indecent acts against the victim's will in the subway where the public is concentrated.
2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, so long as there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2001Do2823 Decided August 21, 2001, etc.). Since the Defendant did not commit an indecent act against the victim from the police to the court, the Defendant denies the facts charged, the Defendant is guilty of the charges. As such, evidence conforming to the facts charged in the instant case has been presented at the victim, witness D’s investigative agency and court.
In the investigation agency and the court, the victim was placed in front of the entrance door for his getting off in the subway, and there was about 5 to 7 persons later, but at that time, the victim was only her right tacks. At that time, the victim stated to the effect that there was no other person than the defendant, because the defendant was immediately after the victim, so that he did not have any other person than the defendant.
However, even if based on the victim's statement, the victim was unable to directly witness the accused's indecent act, and there were several persons other than the defendant, and therefore, a group other than the defendant has the right side of the victim.