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The defendant shall be innocent.
Reasons
1. The Defendant, at around 05:40 on April 10, 2020, conspired with the “C” restaurant located in the building in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with the victim D (at the age of 19) and the victim D (at the age of 19), was seated in the victim’s side gate, and went into the victim’s seat while drinking together, and committed an indecent act by force against the victim by using the victim’s left side buckbucks and bucks.
2. Although the defendant's assertion of the defendant and his/her defense counsel had contact with the victim to prevent the defendant from leaving his/her body in a situation where he/she was under the influence of alcohol and to support his/her body, there is no fact that the victim's bucks were stored as stated in the facts of crime, and the defendant's loss was contacted by the victim's bucks.
Even though it is not softened that the body of alcohol is not softened, and there was no intention of indecent act.
3. Determination
A. The establishment of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, the defendant’s interest should be determined even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Comprehensively taking into account the CCTV, etc. of the defendant, D, E’s statement, and CCTV at the scene before and after the crime, the fact that the defendant’s damage, while the defendant was doing so, was fuck back to the victim’s left side, is recognized.
(c)
However, the following circumstances revealed by the records of the instant case, namely, ① the victim appears to have been able to use the part of the Defendant’s Hubucks in his hand from middle part to knee.”