The defendant shall be innocent.

1. On August 22, 2014, at around 06:30 on August 22, 2014, the summary of the facts charged was sealed by the complainant who was divingd on the back to the back of the lower part of the charge while carrying the alcohol together with the vehicle of the defendant who stopped behind the home c (n, 26 years of age) in the enclosed-dong of Daejeon Sung-gu, Daejeon, in order to take the c (n, and 26 years of age), the complainant was able to take the face near the face in expectation of the defendant's shoulder.

Accordingly, the defendant committed indecent acts by taking advantage of the defendant's mental or physical condition of the defendant's refusal to resist.

2. Determination

A. In an investigative agency and a court, the complainant stated that he/she was unaware of the Defendant’s indecent act on the ground of lock at the time of the instant case, and the Defendant, in an investigative agency and a court, may contact the complainant, but the Defendant stated that he/she did not have the intention to commit an indecent act, and that he/she was merely an intentional contact with the complainant who was locked at the rear seat and did not have the intention to commit an indecent act.

Therefore, direct evidence of the facts charged is accompanied by a recording that contains the time of the criminal act in the process of dialogue with the complainant and some statements in investigation agencies and courts.

B. In a case where the confession of a criminal defendant is an unfavorable evidence against the criminal defendant, the confession shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act and the rules of Confession). In this context, “a confession” includes a statement with respect to a person who is not an investigative agency, without regard to the legal status or investigation of the person who made the statement, without regard to the legal status of the person who made the statement.

In other words, the reference to the recognition of the criminal act of the defendant contained in the recording also constitutes "self-bag" under Article 310 of the Criminal Procedure Act, and it is necessary to reinforce evidence to recognize the defendant guilty on this basis

The prosecutor argues that Article 310 of the Criminal Procedure Act does not apply because the defendant did not confession the facts of crime in the investigative agency and the court.