Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Nevertheless, the judgment of the court below that acquitted the defendant on the above facts charged is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. The Defendant is a person who is not aware of the facts charged against the Victim B (Is age 23).

At around 07:55 on May 7, 2019, the Defendant committed an indecent act in a way that the victim passed behind the victim by extending his/her own hand to the front of the area C apartment D7-8 D-dong, Suwon-si, Suwon-si, and his/her bucks, thereby making his/her buck around the victim’s bucks, as the bucks off the part of the victim’s bucks.

B. The probative value of evidence is left to a judge’s free judgment, but such judgment should be consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial should not be reasonable doubt. However, this does not require that all possible doubts be excluded, and rejection of evidence that is recognized as having probative value should not exceed the bounds of the principle of free evaluation of evidence.

The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in light of the empirical rule, and there is also no motive or reason to make a false statement unfavorable to the defendant (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). In light of the foregoing legal doctrine, the victim’s statement should not be rejected without permission without any justifiable reason (see, e.g., Supreme Court Decision 2018Do709, Oct. 25, 2018). In light of the foregoing legal doctrine, the instant case