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

A. The Defendant did not commit an indecent act against D, such as the facts charged.

Nevertheless, the judgment of the court below that convicted the defendant of the facts charged of this case is erroneous in mistake of facts.

B. The sentence imposed by the court below on the defendant (the fine of 5 million won and the completion of the sexual assault treatment program) is too unreasonable.

2. Around January 2, 2015, the Defendant committed an indecent act in his/her hands by rhumping his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

3. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the above facts charged by comprehensively taking account of the evidence, such as the witness D’s legal statement in the lower court, the witness E’s legal statement in the lower court, the witness F’s legal statement in the lower court, and field photographs.

B. 1) The burden of proof of facts charged in a criminal trial is imposed on the public prosecutor. The conviction of guilt is based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). In order to find the defendant guilty on the sole basis of the victim's statement only, the victim's statement requires a high probative value beyond a doubt as to the authenticity and accuracy of the statement. Determination of whether there is such probative value requires a high level of probative value, and the victim's own rationality, consistency, objective reasonableness, as well as personal elements of the victim.