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The defendant shall be innocent.
Reasons
1. Around September 4, 2018, the Defendant: (a) reported the victim D (n) who was returning home on the front way of the C community service center located in Geumcheon-gu Seoul Metropolitan Government, on September 4, 2018; and (b) committed an indecent act by force against the victim by his/her hand, following the occurrence of sexual humiliations.
2. Determination
A. The Defendant’s assertion argues that, on the day of the instant case, the victim was a woman who returned home after drinking alcohol on the day of the instant case and was able to mislead the victim into a short-standing talk, and that there was no indecent act against the victim, and there was no intention to commit an indecent act.
B. Determination 1) In a criminal trial, the finding of guilt ought to be based on evidence of probative value that leads to the conviction of a judge to the extent that there is no reasonable doubt. As such, in a case where the prosecutor’s proof of guilt does not sufficiently reach the extent that such conviction would lead to such conviction, the determination ought to be made in the interests of the defendant even if he/she was suspected of guilt (see Supreme Court Decision 201Do15767, Feb. 13, 2014). Meanwhile, an indecent act refers to an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom, as it objectively goes against the good sexual moral sense, and constitutes such an act. Whether it constitutes an indecent act ought to be determined with careful consideration of the victim’s intent, gender, age, relation to the offender and the victim prior to the act, circumstances leading to the act, specific attitude of the act, objective circumstances surrounding the act, and the sexual moral sense of the time (see Supreme Court Decision 2014Do64162, Dec. 24, 2014).
The victim has completed the part-time part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part of the part-time part-time part-time part-time part of the part-time part-time