The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was at a different place on the date stated in the facts charged and did not commit an indecent act or assault against the victim.

Therefore, the lower judgment that found all of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of KRW 15 million (the suspended sentence of a fine of KRW 15 million) is too unhued and unreasonable.

2. The facts charged in this case

A. From around 12:00 to 12:30 on July 27, 2012, the Defendant: (a) committed an indecent act by force against the victim D (the age six) (the age six) who is waiting for a school vehicle in Gwangju North-gu C apartment 103 entrance of North-gu, Seoul; (b) stating that “the victim D (the age six shall not take food fright;) shall not take food fright; and (c) fright to use the victim’s chest on his/her hand with his/her chest on his/her hand; and (d) committed an indecent act by force against the victim under the age of 13.

B. The Defendant’s assaulted the Defendant from around 12:0 on September 13, 2012 to around 12:50.

At the place indicated in the port, the victim used the victim's head at the time when waiting for the public room vehicle "......." and used the victim's head at one time.

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

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to whether the Defendant was at the scene of the date and time indicated in the facts charged, the Defendant’s allegation in the absence of the Defendant’s on-site is acceptable, on the grounds that: (a) around 12:30 of July 27, 2012; and (b) around 12:50 of September 13, 2012, at the entrance stairs of Gwangju Northern-gu C apartment 103 (hereinafter “instant site”) around 12:50 of September 13, 2012.

피해자 및 이 사건 현장에 피해자와 함께 있었던 E, F은 2012. 9. 13. 이전에 불량식품을 먹는다며 자신들을 혼냈던 아저씨를 다시 만났는데, 그 아저씨는 얼굴이 빨갛고 네모였다고 진술하여 자신들이 마주친...