강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal reveals that the victim intentionally delivered a bridge to female under 28 years of age, and the degree of actual loss from the investigative agency to the court, who is a person with intellectual ability to judge sufficient degree, has consistently made a statement from the investigative agency to knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-ket conversations.
2. Determination
A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach the degree of proof with no reasonable doubt.”
Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.
If the evidence submitted by the prosecutor alone does not reach the degree of conviction, even if there is a doubt of guilt, it should be judged with the benefit of the defendant.
If the victim's statement or the statement of a person closely related to the victim is the sole evidence to judge whether the indecent act was committed, the contents of the statement itself are reasonable in order to judge the defendant guilty.