The defendant shall be innocent.

1. The summary of the facts charged is the defendant who attends the E elementary school located in Daegu Dong-gu D to deliver the newspaper to the E elementary school.

On December 14, 2014, at around 14:55, the Defendant committed an indecent act by force against the victim under 13 years of age, such as: (a) finding the victim F (the 9 years of age) in the front corridor of the 1st floor of the E Elementary School; (b) finding out the victim F (the 9 years of age); and (c) attempting to commit indecent act by force against the victim, in a manner that the victim’s hacks the part of the victim’s humf in front of the victim’s back, and, even

2. At the time of the instant case’s assertion, the Defendant and the defense counsel had a physical contact with the victim. However, the Defendant, after delivering a tiny newspaper to E elementary school, was only faced with the victim who was in a sudden fashion with the front corridor in front of the first floor of the entrance door, and attempted to rapidly leave the victim in front of the front floor of the first floor, and there was no intention to commit an indecent act against the victim as stated in the facts charged, and there was no intention to commit an indecent act against the victim.

3. The judgment of this Court

A. In a criminal trial, the facts constituting the elements of a crime charged in a criminal trial ought to be borne by the prosecutor, whether it is subjective or objective, and the recognition of the facts constituting the crime ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree of having the aforementioned conviction, even if the prosecutor’s assertion or defense is contradictory or uncomfortable, and there is a doubt of guilt, such as inconsistency with one another’s assertion or defense, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 201). Meanwhile, the crime of indecent act against a minor under the age of 13 as defined in Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, should be determined as the profits of the defendant.