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The defendant shall be innocent.
Reasons
1. Around 08:50 on November 21, 2012, the Defendant committed an indecent act by making use of the victim as her hand while following the victim D (21 years old and female) that was located in the electric train that was operated in the direction of Seongbuk Station in the subway Line 1, the subway Line 4, Dong 261, Seoul Special Metropolitan City, Nowon-gu, and the Defendant committed an indecent act by using the victim as his hand.
2. The gist of the change of the defendant and his defense counsel was that the defendant moved to the train partitions, which was easy for the subway to board and transfer to the subway in the monthly border as stated in the facts charged, but there was no fact that the victim's her her her her her her her her her her her her b
3. Determination
A. The key issue is that the Defendant consistently denied the instant facts charged from the police to the instant court. On the other hand, among the evidence submitted by the Prosecutor, the victim’s investigative agency and this court’s direct evidence to prove the facts charged are only the statements, and the other evidence is hearsay evidence based on the victim’s statement or is insufficient to recognize the facts charged by itself. As such, the key issue of the instant case is whether the victim’s statement has probative value.
B. The burden of proving the facts charged in a criminal trial on the basis of judgment must be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt, and if there is no such evidence, it should be determined with the benefit of the defendant even if there is a doubt that the defendant is guilty.
In particular, as in the instant case, if the Defendant consistently denies the facts charged and the direct evidence consistent with the facts charged in the record is the only victim’s statement, the truth of the statement in order to find the Defendant guilty of the facts charged solely based on the victim’s statement.