Residence 00

Reference domicile 00

Attorney Noh Jeong-hee, and a full number of persons

The summary of the judgment against the defendant shall be published.

The Defendant, a child or juvenile, was aware of the Victim B (the family name, the female age of 18) and the Kakakao Stockholm open opening room, and the first space on that day.

피고인은 2018. 12. 18. 10 : 00경부터 같은 날 12 : 00경까지 사이에 용인시 처인구 포곡읍 에버랜드로 199 ' 에버랜드 ' 테마파크에서 피해자와 함께 다니던 중 수회에 걸쳐 피해자의 손을 갑자기 잡고, 피해자의 옆구리를 갑자기 쿡쿡 찌르며, 피해자의 볼을 갑자기 만지고, 계속하여 피해자를 팔을 벌려 껴안으려고 하였다 .

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. Claims by the defendant and defense counsel;

Although the defendant made a physical contact with the victim as the facts charged, it does not constitute a "indecent act prescribed in the crime of indecent act by compulsion."

3. The jury verdict;

Not guilty: Seven persons (in the case of unanimous confinement)

4. Determination

A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decisions 2002Do5662, Dec. 24, 2002; 2005Do767, Apr. 15, 2005). On the other hand, an indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as it goes against the good sexual moral sense. Whether it constitutes such a crime shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific circumstances leading to the act, objective circumstances surrounding the act, and sexual morality at the time, etc. (see, e.g., Supreme Court Decision 2006Do426).

B. In light of the existing relationship between the Defendant and the victim recognized by the evidence adopted and examined by the court, the circumstance and degree of the above physical contact, etc., it is difficult to view that the evidence submitted by the prosecutor alone constitutes “indecent act according to the legal principles as seen earlier,” and there is no other evidence to acknowledge it otherwise.

5. Conclusion

Thus, since the above facts charged constitute a case where there is no proof of a crime, the court must pronounce innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act and disclose the summary of the judgment of innocence against the defendant pursuant to Article 58(2)

It is so decided as per Disposition through a participatory trial according to the defendant's wishes.

Judges Choi Sung-sung

Judges Mung-chan