The defendant is not guilty. The summary of the above judgment shall be publicly notified.

A. The Defendant (definite person) did not forcibly commit an indecent act against the victim.

B. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. Around June 13, 2017, the Defendant discovered the victim C (or 23 years of age) who kid around the Defendant in Gangdong-gu Seoul, Gangdong-gu, Seoul at around 21:10 on June 13, 2017, and committed an indecent act by force on the part of the victim, with the victim’s left her hand.

B. In light of each evidence of the judgment below, the court below determined that the defendant committed an indecent act by force against the victim.

C. 1) The victim consistently made a statement to the effect that he/she was her left her tumm from the investigative agency to the court of the court below. In light of the victim’s statements, etc., there is doubt as to whether the defendant was forced to commit an indecent act by the victim. 2) However, in a criminal trial, the finding of guilt in the criminal trial should be based on the evidence with probative value to the extent that there is no room for a reasonable doubt by the judge to believe that the facts charged are true, and if there is no such proof, the defendant cannot be found guilty even if he/she is suspected of guilty.

(See Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). The following circumstances revealed by the lower court and the trial court’s duly admitted and the evidence duly examined, namely, the Defendant appears to have been out of the inner diameter at the time of the instant crime, if the Defendant intentionally committed indecent act, (see, e.g., Supreme Court Decision 505Do8675, Mar. 9, 2006). In other words, the Defendant immediately entered the place of the instant case, which was close to the Defendant’s house, and people around the instant area.