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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, from March 7, 2016, worked as a public service position in Chuncheon City, while cleaning and managing D Park located in Chuncheon City, he was aware of the victim E (63, 00) who is a disabled person of the second degree with a delay in the 2nd degree due to the above park. The Defendant was aware of the fact that the victim is very difficult to move on the left side and the left side of the bridge due to the brain stroke.
A. At around 14:00 on June 2016, the Defendant: (a) committed an indecent act against the victim while sitting in the event with the victim in the above park; (b) committed an indecent act against the victim; (c) took the arms of the victim; and (d) put the hand on the Defendant’s bucks; and (c) took the knicks by hand, the Defendant bucked against the victim’s bucks.
Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.
B. On August 27, 2016, around 13:20 on August 27, 2016, the Defendant: (a) committed an indecent act against the victim while sitting in the event with the victim; (b) had the victim take the arms of the victim; and (c) had the hand knick the hand above the clothes of the Defendant’s sexual flag; and (d) had the victim take the part above the clothes by hand.
Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.
2. The Defendant and his defense counsel asserted that the victim was only the victim as indicated in the facts charged, but are not forced to leave the victim.
3. Determination
A. The relevant legal doctrine 1) In a criminal trial, criminal facts ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions are to be ensured, the determination ought to be made in the interest of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013). 2) In short, a crime of indecent act by force is committed by assault or intimidation.