2. Determination on the grounds for appeal

A. Unlike the civil trial on the burden of proof and the degree of proof, the facts constituting the elements of a crime prosecuted in a criminal trial that exercises the State’s penal authority are the prosecutor’s burden of proof, whether it is a subjective requirement or an objective requirement, and the recognition of guilt must be conducted by strict evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that it is sufficient to ensure such conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable, it should be determined with the benefit of the defendant.

(See Supreme Court Decision 2012Do6280 Decided August 30, 2012; Supreme Court Decision 2012Do14796 Decided April 26, 2013; Supreme Court Decision 2013Do4172 Decided June 27, 2013, etc.). In addition, a subjective motive or purpose is not required to stimulate, arouse, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion under the Criminal Act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). However, the perception that an act that may cause sexual humiliation or aversion ought to be committed against the other party at least ought to be aware that the other party is likely to cause sexual humiliation or aversion.

B. (1) With respect to the indecent act by force on May 10, 2012, the victim’s statement consistently follows: (a) the Defendant, who was seated in the driver’s seat on May 10, 2012 and operated the vehicle, is on board the steering seat.