The defendant shall be innocent.

1. The Defendant is a person operating ‘C singinging’, and the victim D (the age of 21) is a part-time holder of the head of the title "E" on the first floor of the same building.

피고인은 2016. 7. 17. 05:10 경 서울 노원구 F 3 층에 있는 위 노래방에서, 피고인의 제안으로 피해자, 피해자의 친구 G, 호프집 사장 H과 같이 노래를 부르며 놀던 중 피해자의 일행들이 룸 밖으로 나간 틈을 이용하여 “ 노래를 뭘 부를까요 ”라고 묻는 피해자에게 다가가 갑자기 피해자의 치마 속으로 손을 넣어 피해자를 강제로 추행하였다.

2. Direct evidence that conforms to the facts charged in the instant case is proved by D’s statement in the court and investigation agency, and each statement in H, G’s court and investigation agency is merely a specialized evidence based on the victim’s statement. The Defendant consistently denies the facts charged from the time when he was arrested as an offender in the act of committing an offense to this court.

In such a case, solely on the victim’s statement, in order to recognize the guilty of the charge, the high probative value is required to have little doubt about the truth and accuracy of the statement. In determining whether such probative value has been established, a comprehensive consideration should be given not only to the reasonableness, consistency, objective reasonableness of the statement itself, but also to the personal elements such as the victim’s sexual character.

Therefore, there is evidence of the facts charged as to the lack of credibility in some of the facts of damage the victim stated.

Furthermore, if it is determined that the victim’s statement cannot be seen, and the possibility that the victim’s statement is false and correct beyond the mere lack of credibility, the only statement on the remaining facts of damage shall not be readily concluded to be true and correct, and the victim’s statement clearly verified the rationality, consistency, objective reasonableness, etc. of the content of the statement.