The defendant shall be innocent.

1. On April 5, 2013, the Defendant: (a) around 08:10 on April 5, 2013, the Defendant asked the victim E (here, 6 years of age) who attends a mixed school to “school” and approaches the victim’s hand and her walk up to the front of G elementary school in the Military Mapo City F, Military Posi, Military Mapo-si, Military Mapo-si, Military Hapo-si.

On the other hand, the Defendant continued to sit in the front of the above school, write the victim's hand, write his head, and commits an indecent act against the victim under the age of 13 by putting the face close to the face of the victim.

2. The Defendant and his defense counsel asserted the victim’s hand and rhym the victim’s hair, and did not commit an indecent act against the victim’s face while having his face with the victim’s face, and did not commit an indecent act against the victim.

3. Determination

A. In the crime of indecent act by compulsion, “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner leading to such act, objective situation in the surrounding area, sexual moral sense, etc. (see, e.g., Supreme Court Decision 2003Do7107, Jul. 14, 2005). Meanwhile, the conviction in a criminal trial should be based on evidence with probative value that leads to a judge to have a conviction that is sufficient to have a reasonable doubt, and if there is no evidence to form such a conviction, there is no evidence to establish such a degree of conviction against the defendant, the doubt of guilt against the defendant is against the defendant.

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

B. (See, e.g., Supreme Court Decision 2003Do5114, Jan. 27, 2004).

As to the instant case, the health department and the Defendant indicated the facts charged.