The defendant shall be innocent.

The Defendant in the facts charged of this case is a space between the victim C (Y, 5 years old) with D and approximately one week living together.

The Defendant, around September 19, 2017, was married between the victim’s outer mother and the victim’s outer mother was locked from the victim’s house inside and outside of 103 dong 110-dong E Apartment-si on September 19, 2017.

“Fasting,” the fluor was frighten by hand, and the fluor of a female was fluor.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Judgment

Article 27(4) of the Constitution of the Republic of Korea, and Article 275-2 of the Criminal Procedure Act). The presumption of innocence is not only an investigation but also a large principle which leads to criminal procedures and criminal trials throughout the course of final judgment, and is based on a long-term legal term, “the interest of the defendant, if suspected,” which is the basis of our criminal law.

Article 307 (2) of the Criminal Procedure Act provides that "The recognition of facts constituting a crime should be proved to the extent that there is no reasonable doubt."

“.......”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach such a degree that would lead to conviction, even if there are suspicions of guilt, it should be determined with the Defendant’s benefit (see Supreme Court Decision 2016Do21231, Oct. 31, 2017, etc.). Specific determination 1) As evidence consistent with the facts charged in the instant case, C’s statement contained in the damaged video CD was made.

According to this, C refers to the "when it takes satisfy," and the time of occurrence of the case is relatively clearly specified, and the defendant demands to keep confidential information on the facts of the crime.