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The accused shall dismiss an application for remedy by the applicant for remedy of innocence.
Reasons
1. Facts charged;
A. From around 13:06 on December 3, 2016 to 14:10 on the same day, the Defendant: (a) had interest in the purchase of a house in the neighboring house of the “D Authorized Brokerage Office” located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant: (b) had an office of the said Authorized Brokerage Office; (c) had opened the housing gate to show the said house; (d) had the victim to enter into the said house; and (d) had the victim met the Defendant’s body after the victim’s back, and had the victim enter the said house; and (e) had the victim walked the victim’s body after the victim’s back to the victim’s back to the end; and (e) had the victim forced the victim to use the victim’s left chest by hand; and (e) had the victim committed an indecent act by force.
B. The Defendant continued to display other loans on the date and time indicated in paragraph 1, with the victim, opened a corrective door at a 3-story room near the house as indicated in paragraph 1, and subsequently closed the door with one hand from the back of the victim, who entered the inside of the victim, and committed an indecent act by force against the victim by committing another hand.
2. In addition, an indecent act on board is an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual moral sense in the age (see Supreme Court Decision 97Do2506, Jan. 23, 1998). In addition, the burden of proving the facts charged in a criminal trial lies with the prosecutor, and the recognition of conviction is sufficient enough to have a judge deliberate on it.