아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant shall be innocent.
1. On October 13, 2017, the Defendant: (a) 07:20 on October 13, 2017, 2017, putting along the paths for the attendance of school uniforms, etc. on the street in front of the “C” located in the Geum-gu Busan Metropolitan Government B, thereby approaching the victim’s side by the victim’s D (name, leisure, 16 years old); and (b) committed an indecent act by force on the part of the victim’s left hand, with the left hand hand hand part of the victim’s
2. Determination
A. The summary of the defendant's and his defense counsel's assertion did not intentionally approach the victim's side and did not commit an indecent act against the victim.
B. Review 1) The facts constituting an offense charged in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the interests of the defendant can only be determined by the interests of the defendant even if the defendant is suspected of guilt (see, e.g., Supreme Court Decision 2005Do767, Apr. 15, 2005). Meanwhile, an indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality and that infringes on the victim’s sexual freedom. Whether such an act constitutes a crime ought to be determined by comprehensively taking into account the victim’s intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation, and sexual morality of the time (see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017).
At the time, there is no person at the distance and there is no narrow guidance on the length, and the defendant gets close to the victim.