The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Sexual assault, 40 hours against the defendant.

1. According to the evidence submitted by the prosecutor's summary of the grounds for appeal, the court below found the defendant not guilty, despite the fact that the defendant committed an indecent act by deceiving the victim's chests and her chests due to the victim's body's rear body, is erroneous.

2. Determination:

가. 공소사실의 요지 피고인은 2013. 6. 20. 00:00경 부천시 오정구 C 앞 도로 가에서 피해자 D(여, 28세)가 주차시켜 놓은 차량 내에 가방을 넣기 위해 조수석 문을 열고 상체를 숙이고 있는 사이에 몰래 알몸으로 피해자의 뒤로 다가가 피해자를 뒤에서 끌어안아 꼼짝 못하게 한 뒤, 한 손으로 피해자의 옷 위로 가슴을 만지고 다른 한손으로는 음부를 만져 강제로 피해자를 추행하였다.

B. The lower court rendered a judgment that the Defendant was acquitted on the grounds that the victim’s statement made at an investigative agency and a court of the lower court as stated in the facts charged of the instant case is not sufficient to recognize the Defendant as the offender solely with the evidence submitted by the prosecutor, and there is no other evidence to acknowledge otherwise.

C. 1 Generally, in the criminal identification procedure based on the appearance, etc. of the suspect, one person who has been a witness alone or only one photograph of the suspect presented to the witness during the criminal identification procedure based on the appearance, etc. of the suspect, the fact that the witness’s statement in such a method can be identified as a criminal due to the limitation and inaccuracy of human memory and the possibility that the suspect or a person on his photograph may be identified as a criminal under the influence of his/her memory and in detail, due to the possibility that the suspect or the person on his/her photograph is suspected of being a criminal, there are other circumstances that may suspect the suspect as a criminal in addition to the victim’s statement, regardless of whether the suspect was the victim and the

Unless there are additional circumstances, such as the time limit, the credibility thereof is low.