The defendant shall be innocent.

1. On September 18, 2013, the Defendant discovered that the victim E (the age of 19) was locked at a soup Doesa, a place of public gathering located in Gumi-si, Gumi-si on September 18, 2013, and covered the victim's face and body by taking it back to the victim's side, and committed an indecent act on the victim's chest and the part of the victim's chest by hand.

2. In the instant case, there are evidence to support the facts charged, the police protocol against E and CCTV screen images in D, and the following circumstances are difficult to view the Defendant as an offender.

① The Defendant stated in this court that he did not commit a soup, and that the confession at the police was made false confession due to mental problems, and the actual Defendant is class V of the mental retardation.

(No. 1). (2) The fact that the offender, appearing in the above video, is similar to the appearance of the Defendant, such as physical shooting, etc., but there is no part that taken the offender at a regular level and is not clear. Therefore, it cannot be readily concluded that the offender is the Defendant.

(3) E is merely a witness of a criminal who took place in a locking place, and has failed to keep the face of the criminal on his/her own.

④ A police officer immediately after committing a crime, sent the Defendant to the victim and confirmed whether the Defendant was a criminal offender. E was aware of the first time, but the Defendant was identified as a criminal offender by reporting the back her appearance.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.