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The accused shall publicly announce the summary of the judgment of innocence.
Reasons
1. Around 23:50 on February 14, 2020, the Defendant discovered the victim D (one, half, and five years of age) who gets out of the stairs adjacent to the slocks set up in B in the Cheongju-si, Cheongju-si, the Defendant was able to use the victim’s side slick and sleep with his left hand second hand, and use the victim’s side slick, kbbbbbbbbs, etc. with his left hand.
Accordingly, the defendant committed an indecent act by force against a minor victim under thirteen years of age.
2. The summary of the defendant's and his defense counsel's assertion is recognized that there was physical contact with the victim. However, the victim who was taking a flight of stairs helps the victim safely get off without facing the defendant's son who was in the flight of stairs. The defendant did not have the intention of indecent act, and the defendant's act does not constitute "indecent act" under social norms.
3. Seven persons not guilty of the results of the jury verdict.
4. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2002Do5662 Decided December 24, 2002, and Supreme Court Decision 2005Do767 Decided April 15, 2005, etc.). An indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, infringes on the victim’s sexual freedom. Whether it constitutes an indecent act is an infringement upon the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, the background leading to the act, specific form of act, and the objective situation surrounding it.