The defendant shall be innocent.

1. The gist of the facts charged was that the Defendant was aware of the victim C (the age of 80) while eating free of charge in B’s welfare hall.

From the end of April 2018 to the end of May 2018, at around 15:00, the Defendant: (a) entered the victim’s residence in the Gangseo-gu Seoul Metropolitan Government D apartment; (b) opened the victim’s door, and opened the victim’s body, and (c) tried to have sexual intercourse with the victim by inserting his/her own sexual organ into the part of the victim’s sound, but did not put the victim’s sexual organ into an attempted attempt without inserting the victim’s sexual organ.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there is suspicion of guilt

In order to judge a defendant guilty on the basis of the victim's statement, the sole evidence supporting the facts charged, it is necessary to have credibility to the extent that the facts charged are true to the extent that there is no reasonable doubt as to the victim's statement in light of the reasonableness and validity of the contents of the statement itself, objective circumstances and empirical rules.

(Supreme Court Decision 2014Do7945 Decided November 26, 2015, and Supreme Court Decision 2016Do21231 Decided October 31, 2017) B.

In light of the following circumstances known by the evidence duly adopted and examined by this Court, it cannot be said that there is credibility to the extent that the victim’s statement leads to the conviction that the facts charged are true, and that the prosecutor submitted it.