Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On October 18, 2017, the Defendant: (a) while working and drinking in a “D” restaurant located in Seocho-gu Seoul Metropolitan Government, the Defendant committed an indecent act by taking part in the victim E (n, 20 years of age) who promoted the so-called “D” restaurant in Seocho-gu, Seoul; (b) returning the Defendant’s own body back to the lower part of the Defendant to promote the so-called son’s publicity.
2. Determination
A. The recognition of the relevant criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion, defense, and defense are inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) In this case, according to the investigative agency and the victim’s statement, field CCTV images, etc. in this court, the fact that the defendant’s hand contacted the victim’s chest is recognized.
2) However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the evidence alone presented by the Prosecutor was proven to the extent that there is no reasonable doubt as to whether such physical contact was intentionally conducted.
It is difficult to see it.
A) The Defendant asserts that, at the time, the victim, who runs pro rata public relations activities, is protruding the arms to the purport that “A” is “A”.
According to the field CCTV images taken by the victim at the time, when the victim was running along the defendant, the defendant was divided into Flusing F with the defendant, and the defendant did not see the victim, and it can be confirmed that he did not flusing up with flusing F with the victim.