D In the bus, the victim E (I, 24 years old) who was seated on the side of the defendant's body was able to look back to the left side and see that the victim was able to commit an indecent act, the defendant's head was sealed into the right shoulder of the damaged person, and then the victim was flicked in the blos clothes crebs of the victim suffered.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

2. Determination:

A. The term “comfort conduct” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner leading to such act, objective situation surrounding the society, sexual morality, etc. (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In addition, the burden of proving the facts charged in one criminal trial lies with the prosecutor, and the recognition of guilt shall be based on evidence with probative value sufficient to doubt that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is bound to lawfully determine the credibility of the defendant’s statement at the investigative agency, contrary to the evidence duly admitted by the court at the stage of the investigation and investigation (see Supreme Court Decision 2006Do375, Apr. 27, 2006).