The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant, after drinking alcohol at the victim’s age and age, recommended the victim to do so; and (b) the victim refused to do so and did not commit an indecent act on the part of the victim.

2. On April 23, 2016, at around 01:30, the Defendant: (a) committed an indecent act by force on the part of the Victim E (38) and the part of the Victim’s arms, and (b) intending to go through a taxi in the middle-gu Incheon Metropolitan City, along with the victim’s first met at his/her age club from his/her age club to his/her age club and from his/her age club to his/her seat; and (c) the said place.

3. The lower court found the Defendant guilty of the instant charges on the ground that the victim’s statement in an investigative agency and this court specifically and consistently with the same content as the stated in the instant facts charged, and that the Defendant committed an act identical to the stated in the instant facts charged, on the grounds that the monetary content between the Defendant and the victim showed that the Defendant would not have a victim, and that such an act would objectively cause sexual humiliation or aversion to the general public and violate good sexual morality, thereby infringing on the victim’s sexual freedom.

4. The judgment of this Court

A. Unlike civil trials, the facts constituting the elements of the crime charged in a criminal trial exercising the state’s penal authority are the prosecutor’s burden of proof, whether it is a subjective requirement or objective requirement, and the prosecutor’s proof is the same.