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The defendant is innocent.
Reasons
1. On September 1, 2013, the Defendant: (a) around 22:50 of the time when the crime was committed in the facts charged; (b) around 22:50 of the time when the victim reported the crime; (c) around 23:56 of the investigation records (20 pages) or 23:59 of the time when the victim reported the crime (50 pages); (d) on the other hand, the victim stated that he was committed an indecent act for about 20-30 minutes; and (e) on the other hand, the time when the victim was found to have returned to the house (34 pages of the investigation records) and in light of such circumstances, the time of the crime appears not to have been 22:50 of the time of the crime.
In order to find out the victim C (at 59 years old) returning to the apartment on the road near the apartment site in the 333 YK-dong, the king-si, the 333 Y, the 59 years old, the victim, the victim's knife, the victim's knife by hand, the victim's knife, the victim's knife by hand, and the victim led the victim to the D Building parking lot in the Gu
The Defendant, at the above D building parking lot, committed indecent acts by compulsion of the victim by force, such as fluoring the victim's panty by raising the victim's fluor on the floor, fluoring the victim's panty over the floor, putting the victim's panty, inserting the fingers into the water, raising the fingers into the water, and spreading both chests of the victim's breasts.
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.
B. The Defendant consistently denies that there was no indecent act as described in the facts charged from the investigative agency to the court, and there is only the victim’s statement and the victim’s injury diagnosis statement (which was issued on September 3, 2013) issued on September 3, 2013 as evidence consistent with the above facts charged.
① The Defendant and the victim did not know at all, and the victim was the Defendant immediately before the occurrence of the instant case.