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

An applicant for compensation shall be dismissed.

1. The summary of the facts charged is that the Defendant applied for visiting care service to D due to old age, spine brate, etc., and the victim C (the age of 60) is a visiting medical care worker who visited the Defendant’s home for about one year and eight months.

On July 30, 2016, at around 18:00, the Defendant committed an indecent act against the victim’s left part of his own her dwelling area, namely, inciting the victim’s mind to force indecent act by compulsion, and drawing the victim’s neck into his arms, and then putting the victim’s neck into her arms, and she was suffering.

2. The defendant's assertion that the victim only caused the defendant to know money and valuables, and the defendant did not commit an indecent act by force.

3. Determination

A. The criminal defendant is presumed innocent until a judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution of the Republic of Korea, Article 275-2 of the Criminal Procedure Act). In addition, the principle of “the interest of the defendant in the event of doubt” does not specifically stipulate the Criminal Procedure Act, but is a major principle that controls criminal trials as the basic principle of a constitutional state inherent in the above Constitution and the Criminal Procedure Act

Therefore, the finding of guilt in a criminal trial should be based on evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree of conviction.

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

(Supreme Court Decision 2014Do11771 Decided February 26, 2015). B.

In full view of the facts duly admitted and examined by the evidence, the evidence alone submitted by the Prosecutor is insufficient to acknowledge the guilty of the instant charges, and it is otherwise acceptable to acknowledge this.