The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, at around 19:00 on August 25, 2017, committed an indecent act by setting the victim’s arms on the floor to be laid down on the floor when the Defendant attempted to take a part in the victim’s arms, which were going behind the floor, and then intending to be laid down on the floor, at the private train room located in the Busan East-gu, Busan-dong-gu, as well as D (20 years of age), and talked with the victim’s hand, at around 19:0, the Defendant committed an indecent act by setting up the victim’s shoulder on the floor, again, at the victim’s back from the back to bucks.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there

(see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). In light of the following facts acknowledged by the instant evidence, the evidence submitted by the prosecutor alone cannot be deemed as having led to the degree that the instant facts charged are true.

① The Defendant asserts to the effect that he did not commit an indecent act against the complainant in the individual press room as stated in the facts charged of the instant case from the investigative agency to this court, and that he sent time to the victim by simply counseling on the issue of male-child relationship of the complainant or taking handphones.

(2) The sole evidence to acknowledge the facts charged in the instant case in an enclosed personal press room is the statement of the complainant. The complainants shall be the complainants as described in the facts charged in the investigative agency and this court.