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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
A. On April 10, 2016, at around 23:00, the Defendant: (a) moved the victim D (a) who became aware of, and she was under the influence of, alcohol at the main point of “C” located in Jongno-gu Seoul Metropolitan Government B (hereinafter “instant main point”); (b) moved the victim’s side while drinking alcohol; (c) and (d) forced the victim to commit an indecent act against the victim by keeping the victim’s face toward his/her windows and by making the victim’s face under both hand while drinking.
B. On April 11, 2016, the Defendant: “FVD bank” located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) went to the said DVD bank (hereinafter “instant DVD bank”); and (c) went to the said DV bank (hereinafter “instant DVD bank”); (d) then, the Defendant forced the said DVD bank to commit an indecent act by deceiving the victim’s chest by leaving the victim’s shoulder to the sofacing so that it would be well-facing; and (d) intending to leave the victim’s body on the sofacss; and (e) intending to get the victim’s facing and broding; and (e) intending to get off the victim’s chests.
2. Determination
A. 1) Determination of the facts charged as stated in paragraph (1) of the judgment below is based on the following facts and circumstances revealed by the evidence duly adopted and investigated by the court: (a) “Indecent act” objectively causes a sense of sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom; and (b) whether it constitutes such act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim before and after the occurrence of the act; (c) details leading to the act; (d) the specific form of the act; and (e) the objective situation surrounding the act; and (e) sexual moral sense of the time. In light of the following facts and circumstances, the Defendant’s physical contact did not obtain the victim’s express consent; and even considering the victim’s gender satisfaction, considering