The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Fact-finding: The defendant has no fact that he commits an indecent act against the victim, and the written statement by the victim and the police against the victim are inadmissible.

B. Unreasonable sentencing: The sentence of the lower court (the imprisonment for six months, the suspension of the execution of two years, the community service order of 160 hours and the order to attend a sexual assault treatment lecture of 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In a case where the whereabouts of a witness is unknown, etc., the admissibility of the evidence of the statement or the written statement made by the witness is acknowledged. Article 312 or 313 of the Criminal Procedure Act provides that the admissibility of the evidence, such as the statement of witness, may be acknowledged only when strict requirements are met, such as the right to cross-examine the defendant or his defense counsel, thereby recognizing exceptions to the basic principles, such as the direct psychological principle, and allowing the admissibility of the evidence without any opportunity to cross-examine the person making the original statement. In such a case, the “certification of the fact that the statement or the written statement was made in a particularly reliable state” should be sufficiently insufficient to the extent that it is probable, and it should be ruled out to the extent that reasonable deliberation is excluded.

(See Supreme Court Decision 2013Do12652 Decided February 21, 2014). B.

Judgment

In this case, the defendant's evidence to acknowledge the facts of indecent act by compulsion against the victim is limited to the defendant's written accusation and the police statement of the victim (one time). Since the victim felled on October 24, 2018 and died due to multiple trauma and long-term damage on November 17, 2018 in the trial of this case, it is examined whether the above written accusation and statement can be admitted as evidence.

According to the records of this case, the victim was accused of indecent act by compulsion from the defendant on the day of this case.