The defendant's appeal is dismissed.

1. In full view of the following circumstances, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of the charges against the Defendant, although the Defendant could not be readily deemed to have taken the form of victims by using mobile phones.

(1) The investigative agency has analyzed digital forensic evidence on the virtual phone voluntarily submitted by the Defendant, but did not find any photograph or video file supporting the facts charged.

② The lower court considered F’s statement to the effect that “the Defendant led to the confession of the facts charged in the instant case” as evidence of guilt, but it cannot be deemed that the Defendant’s statement was made in a particularly reliable state at the time was proven beyond reasonable doubt, and thus, it cannot be deemed as evidence.

2. Determination

가. 원심의 판단 원심은, 누군가가 화장실 창문 밖에서 피해자들을 촬영하는 것을 목격했다는 피해자들의 진술에 신빙성이 있고, 휴대전화를 손에 쥔 채 몰래 훔쳐본 것일 뿐 촬영행위를 한 것은 아니었다는 피고인의 변소는 경험칙에 비추어 납득하기 어려우며, 피고인이 범행을 자백하는 것을 들었다는 F, G의 각 진술에 증거능력이 인정되고 신빙성 역시 인정된다면서, 이 사건 공소사실을 유죄로 판단하였다.

B. 1) The finding of guilt in a criminal trial should be based on evidence with probative value sufficient to make a judge not to have reasonable doubt that the facts charged are true, and if there is no evidence to form such a degree of conviction, the defendant is suspected to be guilty.

Even the defendant.