The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

1. The summary of the facts charged is that the Defendant, as a class 2 disabled person with brain-disease disorders, was admitted to “D” welfare facilities for disabled persons in Jinju-si, and was aware of the victim E (W, 49 years old) with delay in living together at the same place.

The victim can walk the victim as the first degree of disability, but the galm or the hand galm, etc. are not smooth, so it is necessary to support a large number of people. In particular, the victim has a relatively heavy disability to the extent that only the employees of the facilities who have lived together for a long time due to a severe speech disorder can recognize the horse.

On November 12, 2014, between 14:00 to 15:00, the Defendant went to receive physical treatment in D physical treatment room. On November 12, 2014, the Defendant discovered the victim who was under physical treatment by enjoying in the beds under the air pressure treatment and attempted to force indecent act by force of the victim, and was sitting in the beds where the victim is enjoyed, and only two parts of the sound was fluenced with the victim’s clothes.

Accordingly, the defendant committed indecent acts by compulsion against the disabled victim.

2. 피고인 및 변호인의 주장 요지 피고인은 공소사실 기재 일시, 장소에서 피해자가 평소 자신이 이용하던 침대에 누워있는 것을 보고 왜 여기에 누워있냐고 물어보았으나 대답이 없어, 피해자의 배 부위를 2회 톡톡 친 사실은 있으나, 공소사실과 같이 피해자를 추행한 사실이 없다.

3. Determination

A. The facts constituting the elements of a crime charged in a criminal trial of relevant legal principles are the prosecutor’s burden of proof, whether it is subjective or objective, and the recognition of facts constituting a crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would be caused, the Defendant’s assertion or defense is contradictory or postponed.