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The defendant shall be innocent.
Reasons
1. On October 01, 201, around 02:00, the Defendant found D (19 years old) that the Defendant passed along the second floor of the C club located in Busan Jin-gu B, Busan (hereinafter “C clubs”) and went through the Defendant’s seat, followed the Defendant’s desire to commit an indecent act on his/her hand, and led him/her to the Defendant’s seat above the victim’s seat.
Accordingly, the defendant committed an indecent act against the victim's will.
2. In a criminal trial, the conviction in a judgment of conviction ought to be based on evidence of probative value, which leads to the conviction that leads to the judge that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the conviction would lead to such conviction, the determination ought to be made in the interest of the defendant even if the defendant was suspected of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). In light of the following circumstances revealed by the records of the instant case, the evidence submitted by the prosecutor alone cannot be deemed to have reached the extent that the conviction that the facts charged of the instant case is true.
① The Defendant asserts to the effect that, from the investigative agency to this court, there was no fact that the victim’s negative part of the club table as indicated in the facts charged in the instant case did not mislead the victim, and that, by causing the victim’s mistake, the Defendant was identified as a suspect of forced indecent conduct, or that physical contact with the club table whose physical condition is too difficult to boom boom boom boom.
② The only evidence to acknowledge the facts charged of the instant case is the victim’s investigative agency and this court’s statement.
The main purpose of this is as follows.
In order to bring alcohol to the third floor, the victim, who had been in the second floor of the test, passed the test in order to bring alcohol to the third floor of the test, but passed the test on the other hand.
In the process, arguea is adjacent to the process.