beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Around May 16, 2016, the Defendant: (a) around 17:30 on May 16, 2016, committed an indecent act by force on the part of the victim E (the 4 years old) who was seated at the front of the first floor pharmacy of the D Hospital in Yeongdeungpo-gu Seoul Metropolitan Government, by making twice the bucks of the victim E (the 4 years old), where he was seated.
2. Determination
A. Although the gist of the defendant's assertion was that the victim who was absent from the bridge because the defendant was seated on the side, he/she did not constitute an indecent act but did not have the intent to commit an indecent act against the defendant.
B. (1) In a criminal trial on the relevant legal principles, the recognition of a criminal fact ought to be based on strict evidence that has probative value that makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that it would lead to a sufficient conviction, even if there are circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable fear of guilt, it should be determined in the interests of the defendant (see Supreme Court Decision 2017Do1549, May 30, 2017). Meanwhile, an indecent act is an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined with a comprehensive consideration of the victim’s intent, gender, age, relationship between the offender and the victim and the victim prior to such act, the circumstances leading to such act, specific form of conduct, objective circumstances surrounding the act, and sexual morality at that time (see, e.g., Supreme Court Decision 2017Do42716, Apr. 26, 201).
① The Defendant, the victim, and the victim’s mother F were seated in order with three first three medical practitioners in the hospital.
(2) A victim at the time of physical rehabilitation.