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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On April 30, 2018, at around 18:30, the Defendant committed an indecent act by committing an indecent act on the part of the Defendant: (a) the sexual organ of the Victim D, who was a child or juvenile, who was a child or juvenile of the Defendant, on his/her own side, in a bus of 2 company C operated by Hongsung-dong, Hongsung-dong, on the surface of the bank room; and (b) the Defendant committed an indecent act.
2. The Defendant and his defense counsel’s assertion that they walk the victim within the bus, and the victim slicked the victim, and thus, they were frightened, but there is no fact that they slicked the victim’s sexual organ.
Even if the defendant's sexual intercourses with the victim's sexual organ, it cannot be viewed as an indecent act against the defendant's sexual intercourse with the victim's sexual intercourse.
3. Determination
A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of facts constituting a crime shall reach the proof to the extent that there is no reasonable doubt.”
Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.
If the evidence submitted by the prosecutor alone does not reach the degree of conviction, even if there is a doubt of guilt, it should be judged with the benefit of the defendant.
In determining whether there was an indecent act against a victim under ordinary circumstances where it is difficult to expect that the indecent act against the victim was committed, such as a place where many people pass through low time, if the victim’s statement or the statement of a person closely related to the victim is the sole evidence, to determine the defendant guilty on this ground, the statement by the person closely related to the victim or the victim’s statement is reasonable in light of objective circumstances and experience as well as the reasonableness and validity of the statement itself.