The defendant shall be innocent.

1. On April 8, 2014, the Defendant: (a) around 02:40 on April 8, 2014, committed an indecent act by force against the victim E (the age 24) who was waiting for a bus in front of the D Station Bus bus stops located in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government, by drinking the victim E (the age 24) at the front of the bus stops; (b) fright the body of the victim; and (c) fright the victim’s knick with his hand.

2. In a judgment, the facts constituting an offense ought to be established based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(대법원 2011. 4. 28. 선고 2010도14487 판결 등 참조). 피고인 및 변호인은, 피고인이 이 사건 당시 피해자를 추행한 사실이 없으며, 가사 이 사건 당시 피고인이 들고 있던 숄더백이나 피고인의 신체가 우연히 피해자의 엉덩이에 닿았다고 하더라도 피고인에게 피해자를 추행할 고의가 없었다고 주장한다.

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the victim was waiting to reduce the bus stops in order to board the bus as a source at the time of the instant case, but was drunk, the Defendant was faced with her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her