The defendant shall be innocent.

1. On September 11, 2017, the Defendant: (a) committed an indecent act by force by making two times the victim’s son’s son-gu and son’s son-gu and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

2. The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to confluence that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, the determination ought to be made with the benefit of the defendant even if the defendant was suspected of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). Taking account of the following circumstances, it is difficult to readily conclude that the evidence submitted by the prosecutor alone, by means of the evidence submitted by the prosecutor, excluded the possibility that the defendant would be physically contacted with the victim, and that the defendant would have taken part in the act identical to the facts charged, without any reasonable doubt, of the fact that he/she went to commit an indecent act against the victim.

① At the time of the instant case, the Defendant, who was over 80 years of age, showed the symptoms of sudden behavioral behavior around 2015. From around April 2016, the Defendant was hospitalized and discharged after being hospitalized in the hospital from around around April 2016 due to the symptoms of stimulative disorder, and abnormal behavior due to dementia. The period of hospitalization was the Defendant’s dubing, dubing, and dubing, did not have a conversation, and was in the state of being aware of himself/herself in the hospital.

On September 21, 2017, the Defendant was hospitalized again on September 21, 2017, and received a diagnosis of dementia in a non-specific or mixed Albimer’s disease. On January 2018, the Defendant was hospitalized again (as a result of the court’s review, the Defendant was under trial.