아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) the Defendant finds out the victim D (the age of 13) who is a student, who was enrolled in the C private teaching institute class operated by the Defendant’s wife in Ulsan-gu, Ulsan-gu on January 23, 2018; (b) finds out the Defendant’s wife of the Defendant’s wife; (c) finds the Defendant as a student of the C private teaching institute class operated by the Defendant’s wife in Ulsan-gu, Ulsan-gu; and (d) finds the Defendant as a student of the Plaintiff’s school; and (d
The victim's buckbucks with the victim's own hand were sealed.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
2. Determination
A. An indecent act means an act that objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it constitutes an infringement on the victim’s sexual freedom. The determination of whether it constitutes an indecent act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality concept of the times (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). Furthermore, the burden of proving the facts charged in a criminal trial lies with the prosecutor, and the recognition of guilt ought to be based on evidence with probative value that leads to a conviction to the point that there is no reasonable doubt as to the facts charged by the Defendant, even if there is no such evidence (see Supreme Court Decision 201Do28284, Aug. 21, 201; Supreme Court Decision 2003Do4784, Apr. 27, 2008).