2. Determination

A. The defendant's assertion that he brought the body of the victim who was walking prior to him was true, but merely asserts that he did not intend to commit an indecent act on the ground that he was aware of the denial that he saw the victim's fright while she was frighted to the house and fright up to the victim.

B. (1) Determination is an indecent act that causes a sense of sexual humiliation or aversion to the general public and is an act contrary to good sexual morality, and thus, constitutes an infringement on the victim’s sexual freedom. Determination of whether an indecent act constitutes such an act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual morality in the age (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In addition, the burden of proving the facts charged in a criminal trial ought to be borne by the prosecutor, and the recognition of guilt ought to be based on evidence with probative value that causes a judge to have the truth of the facts charged to the point of view that there is no reasonable deliberation. Thus, if there is no such evidence, the determination ought to be made with the Defendant’s interest lawfully, even if there is suspicion of guilt against the Defendant (see, e.g., Supreme Court Decision 200284.