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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the same dong residents living in an apartment complex such as the defendant and the victim B (the age of 63), and the victim are those with intellectual disability 2.
On August 26, 2017, around 14:00 on August 26, 2017, the Defendant: (a) reported that the victim was seated with his will; and (b) took charge of the part of the victim’s shoulder with both descendants after the victim’s back, the Defendant became the chest of the victim.
Accordingly, the defendant committed an indecent act by force against a victim with a mental disorder.
2. Determination
A. Standard 1) The burden of proving the facts constituting an offense charged in a criminal trial lies on the prosecutor. The finding of guilt is based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). 2) In particular, in a case where the defendant consistently denies the facts charged and the victim's statement is de facto only based on direct evidence consistent with the facts charged in the record, in order to find the defendant guilty on the sole basis of the victim's statement, there is a high probative value beyond a doubt about the authenticity and accuracy of the statement, and the reasonableness, consistency, objective reasonableness, etc. of the contents of the victim's statement should be carefully verified to the extent that the statement satisfies the probative value required in the criminal trial.
(see, e.g., Supreme Court Decision 2011Do16413, May 10, 2012). In a case where the mental or social age of a child has a 3 intellectual disability, and it is determined whether an adult who is a child has credibility of a statement made at an investigative agency and a court, such as the above.