The defendant shall be innocent.

1. On October 19, 2016, the Defendant, at around 15:00, 15:00, was able to enjoy the victim’s bucks and sprinks in front of the male sprink and the water surface room located in the 6th floor of the Daegu Suwon-gu Building C, and became able to use the victim’s bucks and sprinks by hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

2. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction should be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is suspicion as to the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone committed an indecent act on the facts charged.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

1) The Defendant’s statement ① has no same record, and consistently denied the indecent act written in the facts charged from the investigation stage to this court, and immediately after the instant case, the Defendant strongly denied the victim’s indecent act in addition to recognizing the victim’s third person and obscene act within the water surface room.

The victim said that he/she was able to say that he/she was able to do so directly to the man who committed an indecent act after he/she was able to do so.

Even though the defendant had consistently observed his behavior, he did not recognize that he did not commit an indecent act against the victim.