(1)The police, embarrassed by the different positions of the two sides, checked CCTV at the subway station, but only showed A and B getting off the subway. It was not until Mr. A followed Mr. B’s arm and went to the front of the bulletin board that Mr. B looked back at Mr. A. Contrary to Mr. A’s statement, many passengers were also seen getting off the subway in a rush.
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(2)However, the police sent A to the prosecution on charges of molestation at a public concentration place in violation of the Special Act on the Punishment of Sexual Violence Crimes. The prosecution handed him over to trial as he was sent to the police.
(3)Mr. B’s statement changed at the trial. Mr. B said, “I felt that Mr. A touched my butt with his hand, but there were many people in the subway compartment.” “The collars of each other were crossed in full capacity, and they were in contact with each other back and forth, and there were people behind me even when I got off,” he testified.
(4)In the first trial, the male A’s explanation is acceptable, and even if someone grabbed the female A’s buttocks, it is difficult to conclude that the person on the right, not the left, could use his left hand to commit the crime, he said.
(5)The prosecution appealed against the ruling of the first trial. The prosecution claimed that while B’s statement was specific and consistent, the statement of A, a man, is only an incredible excuse. “A’s molestation is clear.”
(6)However, the court’s judgment was different, and the court dismissed the prosecution’s appeal and acquitted A.
(7)The court explained the reason for the innocence, saying, “We cannot convict A with speculative statements by the victim B at a time when it is difficult to rule out the possibility that someone other than A touched B’s buttocks.”
(8)The prosecution gave up its appeal. It was the moment when Mr. A’s innocence was confirmed after two years of trial.
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