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The defendant shall be innocent.
Reasons
1. On February 1, 2018, the Defendant: (a) around 18:55 on February 1, 2018, in the facts charged, on the village bus in Busan East-gu and Busan-gu; (b) the complainant C (the complainant, the age of 16) knife the bus knife; and (c) the Defendant knife the Defendant’s hand over two times by holding the Defendant’s hand together with the Defendant’s hand.
The defendant continued to get off the bus at the bus stop in Busan Metropolitan City Do Do Do Da apartment complex, and followed immediately the complainant, and (1) in his own hand, led the complainant's hand, and (2) in his hand led the complainant to take off his hand at the bus stop in Busan Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. and the complainant re-beed as Do Do Do Do.
In this respect, the defendant forced the complainant to commit an indecent act.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes a judge not having reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.
The crime of indecent act by compulsion includes not only the case of indecent act after making it difficult to resist by resorting to violence or intimidation against the other party, but also the case where the act of assault itself is deemed an indecent act. In this case, as long as the assault does not necessarily require that the degree of suppressing the other party’s intention is to be restricted, it does not necessarily mean that the assault is against the other party’s will, regardless of its force’s resistance.
Indecent act means an act that causes sexual humiliation or aversion to the public objectively and is contrary to good sexual morality, and is sexually committed by the victim.