Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

A. The key issue of the misunderstanding of facts is whether there is an indecent act committed by the Defendant by means of inciting the victim as suddenly, etc., and the victim is relatively consistent from the investigation stage to the court below. This is relatively consistent with witness D and C’s testimony at the court below.

In addition to the fact that the victim seems to have no motive for false gathering of the defendant in light of the balance between the defendant and the victim, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of facts.

B. In light of the legal principles, the Defendant’s admission of the victim, not the victim’s friendship, to the front of the victim’s friendship is an indecent act that infringes on the victim’s sexual freedom, and as long as the Defendant’s intent to attract the victim is recognized, the intention of indecent act should be recognized. Therefore, the lower court acquitted the Defendant of the facts charged in this case.

2. Determination

A. Relevant legal principles 1) The degree of formation of a conviction in a criminal trial ought to be such a degree that there is no reasonable doubt. However, it is not required to exclude all possible doubts that are unreasonable, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 94Do1335, Sept. 13, 1994). Here, the term “reasonable doubt” refers not to any question and correspondence, but to the reasonable doubt about the probability of a fact that is inconsistent with the facts that are not proven in accordance with the logical and empirical rule, and thus, this sexual reasoning theory identified in relation to the fact finding in favor of the defendant.