The defendant shall be innocent.

1. On September 17, 2016, the Defendant: (a) discovered the Victim G (n) (25 years of age) that passed on the road front of the “F,” located in Gwangju Northern-gu, Gwangju Northern-gu around 03:15; (b) had the victim’s right after approaching the victim’s back; and (c) had the victim’s right after having the victim’s right back to the back, put the victim’s hand in a knife with the knife and the chest.

Accordingly, the defendant committed an indecent act against the victim.

2. Determination

가. 피고인은 음식점에서 나온 다음 피해자를 피고인의 여자 일행으로 착각한 나머지 ‘ 가자’ 는 의미로 왼쪽 등, 허리 부분에 손을 댔을 뿐, 추 행의 의도로 피해자의 가슴을 만진 것이 아니라며 공소사실을 부인한다.

B. The victim’s statements are consistent and concrete with regard to the Defendant’s act, content of damage, the fear and response of the victim, and the situation before and after the commission of the crime.

A victim, who was unaware of the defendant, had the intention to put the defendant in danger of criminal punishment until he is punished for perjury, and there is no reason to make the defendant false statement, and there was a false statement in such statement.

볼 만한 사정이 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술태도를 더해 보면, 피고인이 피해자의 왼쪽 겨드랑이 사이로 손을 집어넣어 가슴을 만졌다는 피해자의 진술을 쉽사리 배척할 수 없다.

At the time of the incident, the victim was on the side and behind.

H and I’s police statements are supported indirectly by this.

(c)

However, in light of the following circumstances acknowledged by the record, there is sufficient room for the defendant to have confused with the defendant's female behaviors and the victim at the time of the case.

Since the evidence submitted by the prosecutor alone is not sufficient to obtain conviction that there was an intentional indecent act on the part of the defendant.

① The Defendant’s one-way shall consist of seven persons, who are married or who are in front of the marriage, and the remaining three persons are male.

The victim's daily behaviors are six male, four male and two females.

(2) The defendant's work is a case.