The defendant shall be innocent.

1. On July 12, 2018, the Defendant: (a) around 08:38 on July 12, 2018, the summary of the facts charged was that the victim’s left side mare knife, as if he had knifd with a single knife in the bus of Songpa-gu Seoul Metropolitan Government.

Accordingly, the defendant forcedly committed an indecent act against the victim.

2. The Defendant and his defense counsel did not have any her marbl, as stated in the facts charged, with the victim’s left side, as if he were found to have her one time mard.

3. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, ① the victim’s statement on the damaged situation is mutually consistent and specific, and the victim seems to have no special motive or reason to mislead the defendant by tending false facts, ② the defendant made a statement at an investigative agency to the effect that “the victim would die and compensate regardless of whether an indecent act was committed,” it is true that there is suspicion that the defendant is not an indecent act against the victim.

C. On the other hand, in full view of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond reasonable doubt.

1. The criminal defendant is charged by an investigative agency to this court.