The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On June 9, 2017, the Defendant: (a) around 17:57, and around 17:57, the Defendant was willing to commit an indecent act against the victim while complying with the following: (b) in C located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (c) his daily behaviors and the dispute between the victim D (the age of 13).

The defendant flicked the victim's left chest with only one hand, and rhyd the victim's blicking of the victim.

Accordingly, the Defendant committed indecent acts against children and juveniles by assault.

2. The gist of the Defendant’s assertion lies in the fact that the victim was frightened in the process of concluding the dispute between his own behaviors and the victim, but there is no fact that the victim frightens the chest, such as the facts charged, or rhyd the victim’s strings and rhing the strings, and that the charge is denied.

3. Determination

A. In light of the following circumstances revealed by the evidence duly admitted and investigated by this court, it is difficult to believe that the victim’s statement appears to correspond to the facts charged is difficult.

① 피해자는 경찰에서 “그 남자가 저의 가슴을 움켜잡고 등과 허리를 쓰다듬으며 만졌어요.”라고 진술하였다가(증거기록 제19쪽), 검찰에서는 “손으로 저의 왼쪽 가슴을 세게 움켜쥐어서 아팠습니다.”라고 진술(증거기록 제98쪽)하였고, 법정에서는 “가슴을 약간 조물 거렸어요. 그냥 한 번 쓱 했어요.”라고 진술한 뒤 ‘손으로 움켜쥐었다는 것인가요’라는 검사의 유도신문에 “예”라고 대답하였는바(증인신문 녹취서 제4쪽), 추행 당한 부위와 방법 및 정도에 대한 진술에 일관성이 없다.

(2) According to CCTV images, in a situation where the dispute between the victim and the defendant's daily driving is serious and up to two other actors, the defendant is able to get the victim's arms or shoulder with his/her hands.