공연음란
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On April 26, 2017, at around 20:00, the Defendant: (a) parked C Naba vehicle in front of the bus bus stops in the aftermath of Made B apartment in light of the facts charged; (b) opened a steering window and opened it at the seat of the driver; and (c) held D (13) who passed the said seat, and held the Defendant’s sexual organ in his/her hand at his/her seat, thereby openly harming the Defendant’s sexual organ.
2. Determination:
A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)
The following circumstances revealed by the evidence duly adopted and examined by this court, i.e., the witness examination at this court: (i) it is practically impossible for the defendant to reveal contradictions or unfairnesss of the statement because he did not exercise his right to cross-examine, because he responded to the prosecutor's questioning at the bus bus stops of B apartment at around 8:0 on June 26, 2017, that "the defendant's act of self-defense by taking his sexual organ out of his own sexual organ" in addition to the questioning at the bus bus stops of B apartment at around 8:00, it is true that the defendant's testimony or statement stating his testimony should be accepted with discretion to recognize the facts charged by adopting the above evidence.