The defendant shall be innocent.

1. On May 21, 2015, the summary of the facts charged in the instant case: (a) the Defendant committed an indecent act by force on the part of the victim D, who is in intellectual disability 2, in the process that the victim D, who was in intellectual disability 2, was on the part of the Defendant, in the process that the Defendant was on the part of the Defendant, and the Defendant was on the part of the Defendant’s shoulder, etc., during the process that the Defendant was on the part of the Defendant, and the Defendant was on the part of the Defendant, and was able to keep the Defendant’s shoulder, etc., on the part of the Defendant.

2. Determination

A. The victim's statement is the only evidence consistent with the facts charged in the instant case, and the victim's statement is as follows.

피해자는 2015. 5. 21. 17:00 무렵 이 사건 공터에 나갔는데 피고인이 앉아있어 장난으로 피고인을 때렸고, 이에 피고인이 양 손으로 피해자의 양쪽 가슴을 움켜쥐자, 피해자가 피고인의 성기를 발로 찼으며, 피고인이 피해자의 음부를 만졌고, 피해자가 다시 발로 피고인의 성기를 걷어찼다.

The Defendant stated that the Defendant did not talk with the victim that the Defendant was living in a vagabonds, followed the victim into the “Epier” in the nearest place, and got the victim to ice cream.

At the time, there were several students in the instant vacant lot.

Before May 21, 2015, the Defendant: (a) had the victim made a statement of her child, etc. in a telecom; (b) the victim was committed an indecent act from the Defendant; (c) talked with her husband F on the same day; and (d) on May 23, 2015, the Defendant was knee and knee against the victim and F.

On the other hand, even before the victim was faced with the defendant, there was no consent from the defendant to walk the defendant's sexual organ.

B. Meanwhile, the Defendant asserts as follows.

around May 1, 2015, the Defendant was located in 10:30 G and the instant vacant land, but the victim was seated between C and G and the Defendant, and then left G, and thereafter the Defendant was able to do so.