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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the students of the Art Institute of Art, where the victim B (the victim, the female, the age of 22) was accompanying to prepare for the U.S. entrance, and that he was in a private relationship with the victim.
At around 02:00 on May 11, 2018, the Defendant, at the house of the Defendant of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government C apartment D, drinked with the Defendant, and talked with the victim, and, at the same time, she was able to take a less part of the victim’s knee by her knee, her knee, her knee, her knee, her knee, her knife, her knife the victim after her knife, her knife on the victim’s knife, her knife on the victim’s knife, her knife the victim’s knife on the part of the victim, her knife the victim’s knife on the part of the victim.
Accordingly, the defendant forcedly committed an indecent act against the victim.
2. The defendant's assertion of the defendant and his defense counsel did not commit an indecent act against the victim by forcing the victim to talking about "the victim's chest" as stated in the facts charged. However, there is no fact that the defendant committed an indecent act against the victim, such as talking that "the victim does not resist."
3. Determination
A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.
(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.
There is a victim's and E's respective investigative agencies and legal statements that correspond to the facts charged in this case. Among them, E's investigative agencies and legal statements are made after the occurrence of this case.