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

Around 08:30 on August 9, 2015, the summary of the facts charged is as follows: (a) at the special room of “Dju shop” operated by the victim C (the name, the 54-year age), the Defendant: (b) was required to calculate the drinking value by the victim; (c) was tightly placed on the spons; (d) the victim’s own body was pushed off on the spons; and (d) the Defendant’s finger was sprinked into the victim’s sexual organ; and (c) the Defendant’s finger was harming the victim by putting the victim’s finger in the victim’s sexual organ, thereby causing injury to the victim’s sprink

Judgment

In this case, direct evidence to prove the facts charged is the victim's statement, and the remaining evidence is only indirect evidence based on the victim's statement.

In such cases, solely for the victim’s statement, in order to recognize the guilty of the charge, high probative value is required to the extent that there is no doubt about the truth and accuracy. In determining whether such probative value is satisfied, a comprehensive consideration should be given to the victim’s personal elements, such as the reasonableness, consistency, objective reasonableness, as well as the victim’s sexual character.

Therefore, it is determined that there is no evidence of the facts charged as to the victim's statement because of the lack of credibility as above in some of the facts alleged by the victim. Furthermore, if the victim's statement in that part cannot be ruled out that the possibility that the victim's statement was false beyond mere lack of credibility, it shall not be readily concluded that only the statement on the remaining facts of damage is true, and it shall be carefully determined whether the victim's statement satisfies the probative value required in the criminal trial by thoroughly verifying the reasonableness, consistency, objective reasonableness, etc.

(see Supreme Court Decision 201Do16413, May 10, 2012). Examining the following circumstances acknowledged by evidence duly adopted and examined, in light of the aforementioned legal doctrine, the statement of the victim and other evidence submitted by the prosecution alone are the facts charged of the instant case.