The defendant shall be innocent.

1. The Defendant is the parent-child of the victim B (Inn, 3 years of age) in the instant facts charged.

around December 27 to 28, 2017, the Defendant, while playing with the victim in the domicile of the Defendant in Gwangjin-gu Seoul Special Metropolitan City C Apartment D, had been faceed with the Defendant’s sexual organ in the victim’s sound book.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. Determination

A. The relevant legal doctrine 1) In a criminal trial, the recognition of a criminal fact ought to be based on strict evidence with probative value that leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, the interest of the defendant should be determined even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or unfasible dismissal. Furthermore, the subject of such strict proof includes all specific criminal facts in the indictment. In particular, the date and time of the crime specified in the indictment is the main subject of the defendant’s defense, and it should be recognized through strict proof, and it should not be recognized that there is evidence of the criminal fact on the ground that there is a probable probability that the crime was committed in another time (see, e.g., Supreme Court Decisions 2012Do3722, Sept. 26, 2013; 2010Do1487, Apr. 28, 2011).