On April 7, 2018, at around 21:00 to 21:30, the Defendant was driving a middle-sized highway (Seoul direction at the Cheongju) around the 219 Seo-gu Cheongju Island with the Defendant’s CMW car, and committed an indecent act by force against the victim by inserting down the victim’s left chest due to a sudden fault, etc., and continuously putting the victim’s buck hand over between the victim’s tear and the Defendant’s tear.

2. Determination

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) The Majority Opinion states that “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim’s sexual freedom. However, whether an indecent act constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, and the objective situation surrounding the act, and the sexual moral sense of that time, etc.

(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002). B.

Basic Facts

(1) The defendant and the victim have become aware of in the age club, and thereafter the victim.