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

1. Around 01:00 on February 11, 2014, the Defendant, at the first floor toilet of the building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant toilets”), laid down the toilet door behind the victim F (the age of 21) who opens and opens the toilet, and laid down his hand over his hand with the victim’s left side, and laid down his chest toward the victim’s left chest.

Accordingly, the defendant committed an indecent act against the victim by force.

2. Determination

A. In a criminal trial, the establishment of a criminal facts must be based on strict evidence of probative value, which leads a judge to such a degree that there is no room for a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that the prosecutor would lead to such conviction, the determination should be made in the interests of the defendant.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). The Defendant and his/her defense counsel may open the toilet entrance in order to see the urine, and the Defendant’s hand did not interfere with the victim’s body. However, the Defendant’s intentional act with the intent to commit an indecent act as stated in the facts charged.

B. Therefore, the following facts and circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the entrance door of the instant toilets for men and women is installed in the form of “sliding door”, ③ the three strings and one strings for men and women are installed in the partitions with locking devices due to the left part, and there are three strings installed in the partitions with locking devices, and there seems to have been a little 2-3 strings to the narrowest extent, and ② the Defendant entered the instant toilets together with sing female-domins, and entered the instant toilets outside of the strings and partitionss.