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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal does not contain any fact that the defendant was at the time of the case, and despite the fact that the victim was under the influence of alcohol and did not go beyond his own body at the time of the case, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and has an error of law
2. Determination
A. On August 9, 2013, at around 19:00, the Defendant, in the Defendant’s house located in the Cheongsong-gun F, Chungcheongnam-gun, Cheongsong-gun, the Defendant, as a hand of the Defendant at around 50 years of age, saw the Defendant’s scam at one time, and applied against the Defendant’s parts, such as the Defendant, once by inserting the scam at one time. The Defendant, in his hand, caused the victim’s scam at one time, and caused the victim’s scam at one time, and the victim’s scam at the close door scam in which the treatment date cannot be known to the victim.
B. The following circumstances acknowledged by the records of this case, the defendant, at the court of original instance and the court of a trial, stated to the effect that he was not influenced with the victim and that he was under the influence of alcohol, and that he was under the influence of alcohol. The victim stated from the investigative agency to the court of a trial that he was under the influence of the victim, not influenced with the defendant, from the investigation agency to the court of a trial, that he was under the influence of the defendant's head, and that he was under the influence of the defendant's head, and this corresponds to the above statement of the defendant. The police G who investigated the defendant at the investigative agency refers to the defendant's assault at the investigative agency to the effect that the defendant was under the influence of the victim. However, the police G who was under the investigation of the defendant was asked at the investigative agency to ask the defendant about the circumstance of assaulting the victim. The defendant's statement of the above G, the victim's statement, and the victim and the defendant's statement