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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On May 4, 2013, around 15:30 on May 4, 2013, the Defendant: (a) visited the workplace pay and the meeting of the Defendant at the “EM stores of the Goyang-dong-gu Seoul Metropolitan City D Building D”.
During that period, the victim F (the age of 24) who is a part of the drunk workplace, came from the second floor's corridor in order to take toilets, and the victim's hand knife the victim's hand into the third floor's corridor.
After that, the victim was forced to be under the influence of the entry of the victim who resisted at the place, and the victim was forced to be under the influence of the chest and her kel.
2. The Defendant asserts that the victim and his/her workplace ceremony used alcohol to drink voluntarily, and did not commit an indecent act against the victim’s will.
Since the important evidence to prove the facts charged is the victim's statement, it is examined whether the victim's statement can be trusted to the point of rejecting a reasonable doubt.
In full view of the evidence duly adopted and examined by this court, the following circumstances, namely, ① the victim’s statement made by the defendant was insufficient to consistency with the order, method, frequency, etc. of indecent act by compulsion; ② CCTV videos include the victim’s appearance immediately before and after going to the emergency stairs, which are the place of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the defendant, and the victim’s behavior and attitude in the video are hard to be viewed as a person who was indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the victim. ③ The victim’s statement that it was difficult for the victim to resist the victim’s body due to a large amount of drinking alcohol at the time, but it was difficult to resist the victim’s condition contained in CCTV screen. ④ According to conversation between the defendant and the victim on May 5, 2013 following the day of this case, according to the contents of conversation between the defendant and the victim, the victim refers only to the Defendant’s toilet.