The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. 공소사실 피고인은 2017. 7. 6. 23:20 경 광명 시 B 아파트 C 동 앞길에서, 귀가 중인 피해자 D( 가명, 여, 18세 )를 발견하고, 술에 취한 상태로 피해자에게 갑자기 다가가 피해자의 뒤쪽에서 왼손으로 피해자의 왼팔을 잡고, 오른손으로 피해자의 오른쪽 가슴을 움켜쥔 다음, 2~3 회 주물럭거리듯이 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Determination:

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) Taking full account of the following facts and circumstances recognized by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the person who committed an indecent act against the victim was the defendant, and there is no other evidence to acknowledge it otherwise.

1) In the written statement drawn up on July 7, 2017, the victim written the appearance “a man who has a common physical attack of 170 cm gumenmen, mentbane, and so on” as “a man who has a physical attack of 170 cm.”

In addition, on July 16, 2017, the victim made a statement to the effect that "the defendant was sent to the body of the prosecutor, the body of the prosecutor, the body of the prosecutor, the body of the body of the suspect, and the body of the body of the body of the prosecutor, and the body of the body of the body of the prosecutor."

He/she has not seen the face of the offender, but clothes are accurately memoryed, so his/her person is certain.

I explained to the effect that "........"

(b).