The defendant shall be innocent.

A. The prosecutor (unfair punishment) of the lower court (two months of imprisonment, two years of suspended execution, two years of restriction on employment) is deemed to be too uneasy and unfair.

B. The Defendant (Definite) did not commit an indecent act against B as described in the facts charged of this case, and the statement made by B that corresponds to the facts charged of this case is not reliable, and there is no other evidence that conforms to the facts charged of this case.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court convicted of the facts charged in this case on the ground that the testimony of B, consistent with the facts charged in this case, was reliable, as stated in its reasoning.

B. 1) In a criminal trial, the finding of guilt should be based on evidence with probative value that could lead a judge to feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it should be determined based on the defendant's interest (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). 2) In light of the above legal principles, the defendant's interest should be determined even if there is a doubt as to the defendant's guilt (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). B argued that "B knew of the fact that he was indecently indecent by the defendant," and that "B knew of the fact that he was indecently indecent by the defendant to G from the court of the original instance."

However, in full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone was an indecent act by the defendant as stated in the facts charged in this case.