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1. The judgment of the court below is reversed.
2. The defendant is innocent;
Reasons
1. Summary of grounds for appeal;
A. The Defendant does not have any misunderstanding of facts as stated in the judgment of the court below.
B. The lower court’s sentence is too unreasonable because of its excessive sentencing.
2. Summary of the facts charged and the judgment of the court below
A. On November 2, 2013, around 16:48, the Defendant committed an indecent act against the victim by discovering the victim D (the age of 16) who is walking ahead of the facts charged at the alternate transfer path that moves from subway lines 1715, Seocho-gu Seoul, Seocho-gu to two lines from subway lines 3 to the subway lines 2 lines.
B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.
3. The following is acknowledged according to the evidence duly adopted and examined by the court at the above trial. B.
In full view of the above circumstances, it is difficult to view that the evidence submitted by the prosecutor alone is sufficient to prove the facts charged to the extent that there is no reasonable doubt, and there is no other evidence to prove it.
In the “CCTV video” (including “CCTV video” which has been marked in the Defendant’s appearance, the same shall apply hereinafter) only can see the appearance of the Defendant appearing behind any female, and it is not confirmed accurately the appearance of the Defendant’s her mar.
B. In addition, D stated that the place in which he committed an indecent act was “a even if the stairs were cut off” from “a even if the stairs were cut off” to “a even if the stairs were cut off.” The statement was made that she saw that she was shot off that she was shot off.
(51,52 pages of the trial record). However, in CCTV video images bearing the appearance of the defendant, it can be seen that the defendant started to walk in a different direction from that of a woman who had already walked in his front at a place considerably away from stairs, and it is accurate that the defendant talks with her her her her son, or returns back to her her son.