The Defendants are not guilty. The summary of the judgment of innocence is publicly notified.

The summary of the facts charged is as follows: at around 14:40 on September 6, 2015, at the main point of “G” operated by the Victim F (F, 55 years of age) in Gangdong-gu Seoul Metropolitan Government, the Defendants drink the victim in company with the Defendants; Defendant A, in his hand, flad the victim’s pathy, flad the victim’s body and panty; Defendant A was exempted from the victim’s body and panty; Defendant B, who continued to sit on the side of Defendant A, committed an indecent act by force against the victim by talking the victim’s sound.

Judgment

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, the determination ought to be based on the defendant’s benefit even if there is a suspicion of guilt.

(see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). In addition, in order to determine a defendant guilty on the grounds of the victim’s statement, which is the only evidence supporting the facts charged, the credibility of the facts charged should be ensured to the extent that the victim’s convictions that the facts charged are true beyond a reasonable doubt, in light of the reasonableness and validity of the content of the statement itself, objective circumstances, and empirical rule, etc.

(See Supreme Court Decision 2014Do7945 Decided November 26, 2015). B.

The Defendants asserted from investigative agencies to this court that the victim had panty to keep panty in order to place panty whenever the victim orders an additional drinking, and that the Defendants had no panty to keep panty. The Defendants asserted that there was no panty to keep panty in order to place panty in order to put the victim into panty, and that the evidence corresponding to the facts charged in the instant case is admissible as evidence.