강제추행
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that the Defendant, at around 22:06 March 6, 2018, 000 main points located in Mapo-gu Seoul, Seoul, and on the ground of the order, he saw the victim’s own hand, who was an employee of the Defendant, leading the Defendant to the left side of the victim C (a person, her name, her name) and ice, and ice ice, “the toilet is where the Defendant is a toilet.”
“The victim’s retail was carried out by the victim’s own hand, and the victim, by hand, committed an indecent act against the victim by force by force by putting the victim’s back-of-the-counter pitr, such as the victim, on his own hand.
2. Determination
A. The establishment of facts constituting an indecent act in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions may lead to such convictions, even if the defendant’s assertion or defense is doubtful or unreasonable, it should be determined in the interests of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201, etc.). Meanwhile, an indecent act constitutes an act contrary to the general public’s sense of sexual morality and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific behavior, objective circumstances surrounding the act, and sexual morality at that time (see, e.g., Supreme Court Decision 201Do1487, Apr. 26, 2002).
However, this shall not apply.