The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is a assistant teacher to a special class at D elementary school in Kimhae-si C, and the victim E (the age nine) is a student with a intellectual disability.

At around 09:50 on April 29, 2014, the Defendant, according to the victim, who saw urine in the male toilet of the second floor of the above school, she saw the victim as "the cleaning agent is deemed to be clean and to be seen well," and she saw the victim as "E-I" to see whether the victim intends to urine in the toilet, and she saw the victim as "E-I", and she sees the victim's sexual organ into the toilet and she sees the victim's sexual organ over two times, and the victim's playing was forced by force.

2. The Defendant and his defense counsel asserted that they were going to the toilet when class hours begins, and there was a fact that they attempted to go to the toilet and go to the toilet, and there was no act as described in the facts charged in the instant case.

3. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on strict evidence with probative value sufficient to have a judge conviction that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014). (B)

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, there is doubt as to whether the defendant has a true sexual organ of E.

① Before the date of entry of the facts charged in the instant case, toilets at D elementary schools.