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

1. 공소사실 피고인은 2016. 1. 24. 05:00 경 서울 서초구 D에 있는 E 사우나 수면 실에서 취침 중인 피해자 F( 남, 23세) 의 옆자리에 누워 있다가 자고 있는 피해자의 몸통 부위를 양팔로 끌어안자 깜짝 놀라 깬 피해 자가 피고인을 밀쳐 내 었다.

Since then, the defendant, in one hand, takes the body part of the victim's body, and examines the ground by other hand, and felling the victim's resistance, and as the victim's sexual intercourse act was committed, he knee knee knee knee knee knee knee knee knee knee knee knee knee on the part of the victim's sexual intercourse.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. In a single criminal trial, the conviction should be based on evidence of probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination should be made in the benefit of the defendant even if the defendant was suspected of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). Furthermore, in order to determine the defendant guilty on the basis of the victim’s statement, which is the only evidence supporting the facts charged, based on the victim’s statement, which is the sole evidence supporting the facts charged, the credibility of the statement itself to the extent that the facts charged are true beyond a reasonable doubt in light of the victim’s outcome, objective circumstances, and empirical rule, etc. (see Supreme Court Decision 2014Do7945, Nov. 26, 2015).