Text
The defendant shall be innocent.
Reasons
.. The summary of the facts charged is an oriental medicine doctor who operates******** in the underground of the Songpa-gu Seoul building B.
At around 15:00 on December 15, 2017, the Defendant: (a) committed an indecent act by force against the victim in a manner that: (b) walkes the victim’s primary skin to walk up at a bed; (c) puts the victim at a bed; and (d) puts the victim at a bed; and (d) puts the victim into a bed in a bed of a bed; and (d) puts the victim into a bed in a bed by double hand; and (e) puts the victim’s primary skin to walk up and panty to a bed up to a bed of a bed.
2. The Defendant and his defense counsel’s assertion that they had obtained the consent of the victim to return back to the bar, and the withdrawal against the victim was carried out without panty, and this was merely a lawful medical practice, and there was no indecent act by force against the victim, such as written in the facts charged.
3. Determination
A. In a criminal trial, the finding of guilt must be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.
If the evidence submitted by the prosecutor alone does not reach the degree of conviction, even if there is a doubt of guilt, it should be judged with the benefit of the defendant.
On the other hand, indecent act refers to an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim's sexual freedom.
The issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner of act, and objective situation surrounding the act, sexual morality, etc.
(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). B.
Comprehensively considering the following circumstances acknowledged by the record: