The defendant shall be innocent.

1. On September 1, 2016, at around 14:44, the Defendant used a part of the victim’s bucks inside the buckbucks located in the Yongsan-gu Seoul Metropolitan Government “C” room for female waters located in Yongsan-gu, Yongsan-gu, Seoul with a view to discovering and committing an indecent act by discovering the victim D (the 25 years of age, 35 years of age, 100).

As a result, the Defendant committed soup, which is a densely concentrated place, indecent act on the victim.

2. Determination

A. In a criminal trial, the finding of guilt must be based on strict evidence of probative value, which leads a judge to a reasonable doubt, to such a degree that there is no room for a reasonable doubt, and in the absence of such evidence, there is suspicion of guilt against the defendant.

Even if there is no choice but to judge the interests of the defendant.

B. As evidence consistent with the facts charged in the instant case, there is a report on damage from DNA and a statement made by the police.

Since the defendant did not agree to the above report on damage and the protocol of statement as evidence, the above protocol of statement is acknowledged according to the above statement of the person who made the statement, but the above victim became a foreigner, and thus, the above victim was aware of the following month, and the authenticity was not acknowledged.

(c)

We examine whether the above damage report and statement protocol can be admissible as evidence pursuant to Article 314 of the Criminal Procedure Act.

In order to recognize admissibility of evidence under Article 314 of the Criminal Procedure Act even though the statement of a person other than the defendant, such as the statement of a witness, was not proven by the statement made in the courtroom by the person who made the statement in question, it constitutes a case where the person who made the statement is unable to appear and make a statement in the official ruling due to his/her death, disease, residence in a foreign country, unknown whereabouts, or any other similar cause, and the preparation of the document has been made under particularly reliable circumstances.

Here, the term "foreign residence" is insufficient for a person who needs to make a statement in a foreign country, and in the course of investigation.