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The defendant shall be innocent.
Reasons
1. On October 17, 2013, the Defendant committed an indecent act against the victim in a place where the public is densely concentrated by posting a finger hand on the part of the victim C (the age of 24) within the dong line with the subway No. 2, the subway No. 2, the subway No. 2, the subway No. 27, Songpa-gu, Seoul, on October 17, 2013.
2. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.
(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.
Judgment
The summary of the facts charged in the instant case is that the Defendant committed an indecent act against the victim by placing the Defendant’s fault on the victim’s negative book.
In this regard, the defendant and his defense counsel claim that the defendant had contact with the victim's body regardless of the defendant's will in the process of unloading the shared subway train at the time, and that there was no intention to commit an indecent act like the facts charged with the victim with the intention to commit an indecent act.
Therefore, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: ① At the time of the instant case, the victim took the electric vehicle in the subway 2-line sports complex after viewing male-friendly D and camping districts, and the Defendant took the electric vehicle in the subway 2-line sports complex; and the Defendant was trying to get the vehicle from the locking station in order to go to the bus stop in the direction of the house after getting the victim on the front-time bus in the subway station after having taken the same language and drinking, and ② the electric vehicle inside at the time.