The defendant shall be innocent.

At around 06:00 on August 18, 2019, the Defendant discovered that the victim E (here, 25 years of age) who was participating in the youth activity program “D” together within the building No. C of the Gangwon Yangyang-gun, who was in attendance at the youth activity program of “D”, she was able to take snow on the room floor, and committed an indecent act by force by force by making the victim’s left chest only one time after the victim got out on the side of the victim.

2. Determination

A. In order to establish the crime of indecent act by compulsion, the defendant must be proven to the extent that there is no reasonable doubt that the defendant's act of contact with the victim's body was caused by the intentional indecent act.

In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. According to the evidence duly adopted and examined by this court, the fact that the defendant's grandchildren contacted the victim's chest at the date and place stated in the facts charged is recognized.

However, in light of the following circumstances recognized by each of the above evidence, the possibility that the above physical contact occurred without the intention of an indecent act cannot be ruled out.

① Three women and seven men who participated in the program indicated in the facts charged on the day of the instant case were accommodated in two rooms.

The victim has finished a conversation from the outside of the male-friendly job offers F at about 5:00 square meters of the new wall. At this time, 2 female people except the victim are facing the door in a small room, so the victim has no choice but to do so in the large room (C) where only the male is growing.

The defendant seems to have been in the front of the toilet in C, and the victim also appears to have been in the victim.