Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the spouse under the law of C, and the victim D (the age of 23 at that time) is the spouse under the law of E, a child of C, and the defendant is the husband's husband.
At around 00:30 on July 11, 2012, the Defendant: (a) while drinking and singing together with C, E, and the victim in Nowon-gu in Seoul Special Metropolitan City, went out of the studio in order for C and E to commit an indecent act against the victim; (b) he was moved from the victim’s left side to the victim’s left side; (c) he was put in the victim’s left hand from the victim’s left kel to the part; (d) he was put in the victim’s knel to use the victim’s knel; and (e) again, he used the victim’s knel to use the victim’s kne; and (e) returned from the victim’s knel to the victim’s knel; and (e) he did not hear from the victim’s knbbbs to the victim’s horse.
After that, the Defendant had the mind to force the victim to commit an indecent act on the part of the victim, and once again moved to the left side of the victim, and in the above way, the victim’s left side bucks and her tacks were broken off.
As a result, the Defendant committed an indecent act by force against a victim who is a relative of relatives (relative relatives within the first degree).
2. Determination
A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s certification was not sufficiently enough to achieve such conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013). In particular, if the defendant denies the entire facts charged, and the record is the same.