The accused shall announce the summary of the judgment of innocence.

Punishment of the crime

At around 02:50 on September 16, 2014, the Defendant committed an indecent act by committing an indecent act, such as: (a) the Defendant, at the “D office located in Daegu-gun District of Fagu,” providing jobs to the victims E (n, 19 years of age) by introducing jobs; and (b) the Defendant, while drinking alcohol at the same time, was unable to see the victim’s consciousness by drinking it; (c) taking advantage of the state of the victim’s failure to resist, taking advantage of the victim’s failure to resist, was under the influence of entering the victim; and (d) placing the victim into the victim’s entrance.

주장 및 판단 피고인 및 변호인의 주장 요지 피고인 및 변호인은, 피고인이 공소사실 기재 일시에 피고인의 사무실에서 피해자와 함께 술을 마신 것은 사실이나, 당시 피해자가 몸을 가누지 못할 정도로 술에 만취하여 사무실 소파 위에서 구토를 하였고, 이에 피고인이 피해자의 얼굴과 옷에 뭍은 토사물들을 닦아주었으며, 이후 피해자가 어머니 이야기를 하면서 울기에 피해자의 집 근처까지 피해자를 데려다 주었을 뿐이고, 그 과정에서 강제로 피해자와 키스를 하는 등 피해자를 추행한 사실이 없다는 취지로 주장한다.

Judgment

The facts constituting the elements of a crime prosecuted in a criminal trial include the burden of proof, whether it is subjective or objective, and the fact-finding ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, it should be determined in the interests of the defendant even if there is a doubt of guilt, such as that the defendant’s assertion or defense is contradictory or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). Also, the victim’s statement is solely based on the victim’s statement, thereby convicted him/her of the facts charged.