beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Facts charged;
A. On March 25, 2017, around 01:0, the Defendant committed an indecent act against the victim by taking away the victim’s sexual organ from the victim E (43 tax) who was divingd in the building of Ansan-si, the building of Ansan-si, and the building of the victim E (43 tax) located on the eightth floor, and by using one hand the victim’s sexual organ with the victim’s sexual organ, and by using one hand the other hand the victim’s sexual organ, and by using the victim’s physical and mental loss or scamable condition.
B. The Defendant, at around 23:00 on the same day, took advantage of the victim E’s sexual organ and juth by hand, committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.
2. Determination:
A. In a criminal trial, the facts constituting an offense ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the aforementioned convictions, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Taking full account of the following facts and circumstances revealed by the evidence duly adopted and investigated by the court, the defendant committed an indecent act by using the status of physical and mental loss or resistance of E around March 25, 2017 and around 23:00 on the same day.
There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
1) On March 25, 2017, E stated to the effect that, with respect to the indecent act by force against the police around 01:00 on March 25, 2017, “A defendant was committing a self-defense, as he was shouldered by a lock, and she returned her body back to her body and she gets back to her body, he/she was frighted with his/her sexual character by inserting his/her hand from her back to her body, etc.” However, the prosecution.