The defendant shall be innocent.

1. On November 13, 2018, the Defendant, at around 17:25, went through the front of the victim E (the age of 41), who was in front of the Dcosmetic store located in Suwon-gu, Busan on the 17:25th of Nov. 13, 2018, and was in front of the D Cosmetics shop in the first floor of the Cmate, and was in front of the victim’s left chest by “heat”, a large fluor, and a bad hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. 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, which makes a judge not having reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes an indecent act should be determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific form of act, objective situation surrounding it, sexual morality, etc.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, and Supreme Court Decision 2015Do6980, Sept. 10, 2015 (see, e.g., Supreme Court Decision 2015Do6980, 2015Mo2524).

In light of the following circumstances known through evidence and records, it is not sufficient to recognize that the evidence submitted by the prosecutor alone alone had caused the victim's chest by an indecent act, and there is no other evidence to acknowledge it.

(1) The Defendant asserts that it is only a part of the part outside of arms in the process of playing a victim. Even if it is followed by the statements made by the victim and CCTV images, it is false.