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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
According to the summary of the grounds for appeal (fact-finding) the statements of the victim and the father of the victim, and CCTV images taken at the time of committing the crime, the fact that the defendant included his hand in the victim's knife and knife is sufficiently recognized.
Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case without reasonable grounds, and such judgment of the court below is erroneous.
2. Determination
A. On September 14, 2018, around 21:09, the Defendant discovered the victim D (one, half, and five years old) who was engaged in electronic recreation, away from his/her parents, and had access to toys, then putting his/her grandchildren into the victim’s path, and putting them into the victim’s pathm.
Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.
B. The main point of the judgment of the court below is that the court below acknowledged the fact that the defendant got out of a part of the victim, and that the victim was acting in the part of the victim to knee and to knee with the kne, but it can not be confirmed even that the defendant was knee by inserting his hand in the part of the victim, i.e., CCTV images taken on the spot, i.e., it is impossible to confirm that the defendant got out of the victim's part, ii the statement made by the victim at an investigative agency is "the defendant was in a negative order", ii the statement made by the victim at an investigative agency is "the defendant was in a negative order", i.e., it is hard to determine the credibility because the victim's speech ability is insufficient without concrete contents, iii) it is insufficient to determine the victim's credibility, i.e., whether the victim was a part of the victim by any method, or whether the victim was written in the victim's horse or panty."