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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant charged with the instant charges was aware of the Victim B (the title, the age of 18) and the Kakakao Kakao Stockholm at the open hosting room, which is a child or juvenile, and the first space on the day.
피고인은 2018. 12. 18. 10:00경부터 같은 날 12:00경까지 사이에 용인시 처인구 C에 있는 ‘D’ 테마파크에서 피해자와 함께 다니던 중 수회에 걸쳐 피해자의 손을 갑자기 잡고, 피해자의 옆구리를 갑자기 쿡쿡 찌르며, 피해자의 볼을 갑자기 만지고, 계속하여 피해자를 팔을 벌려 껴안으려고 하였다.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
2. Although the Defendant and his defense counsel’s assertion made physical contact with the victim as stated in the facts charged, this does not constitute “indecent act” as defined in the crime of indecent act by compulsion.
3. Innocence's verdict of not guilty: Seven persons (at will).
4. 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 that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2002Do5662 Decided December 24, 2002, and Supreme Court Decision 2005Do767 Decided April 15, 2005, etc.). Meanwhile, an indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual morality. Whether it constitutes an indecent act is an act that infringes upon the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, the circumstances leading to the act, specific form of act, the objective situation surrounding the act, and the sexual morality concept of the times.