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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On May 26, 2017, between 23:00 to 01:30 on May 27, 2017, the Defendant: (a) received accommodation charge of KRW 80,00 from the Doton 206 Family Register operated by the Defendant located in C and received accommodation charge of KRW 15,00,00 from the Doton 206 Family Register; (b) was a minor person E (15, South), F (15, South), G (14, South), H (15, South), I (15, South), J (15, South), K (14, n), L (14, female), 15, M (15, female), and M (n) to enter and stay together, thereby disturbing public morals.
2. Determination
A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the only evidence submitted by the prosecutor alone that the Defendant had the intention to marbling the minor’s gender on the part of the minor.
It is difficult to recognize it, and there is no other evidence to recognize it.
1) At the court, “E” refers to the statement that, when calculating at the telecomter first, the Defendant and his J should not be able to get male and female congested, and the Defendant, who had been in the Kabter, had entered the country in three times thereafter, seems to have been a woman. After having entered L, the Defendant by telephone “I would not become a woman?”
We asked at the CCTV Da Da Da Da Da Da Da, asked not less than 1st, use this son and son(M, K), have been hidden after males, and stated to the effect that the defendant was not 206 heading room.
2) M entered the court, 2 female (M, K, and 2 male) after having a male room.