The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal is that the Defendant did not appear at the scene of the crime and committed an indecent act against the victim as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. On February 29, 2012, the Defendant committed an indecent act against the victim by discovering the victim E (Woo, 15 years of age) who walked prior to the D road located in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, and by preventing him from being injured by one hand and driving his breast by another hand.

B. The court below rejected the defendant's defense suit on the ground that (i) witness witness in the nearest distance of about 2 meters, and the defendant was identified as the offender when the defendant was born after about 20 minutes of memory, and (ii) the key and clothes of the offender explained by the police are similar to those of the defendant's clothes at the time when the victim was the defendant's key or the defendant's clothes at the time when the defendant was placed, and (iii) considering that the defendant's key and clothes are similar to those of the criminal defendant's clothes at the time when the person was born, it is inevitable that the defendant was in a similar way to the criminal's body in light of the time and place without the people's access, and that the defendant was in a similar way to the criminal's body, and found the defendant guilty of the facts charged in this case by taking as evidence the images of the victim, witness F,

C. In the instant case where the Defendant denies the facts of the crime, the victim and G’s statement and each field photo among the evidence submitted by the prosecutor are merely about the facts that the victim was forced by indecent act by compulsion, such as the date and time indicated in the facts charged, at the place where the victim was so small and low as to the place where the crime was committed, and thus, the Defendant did not directly prove that he was a criminal who committed indecent act, such as the description of the facts charged (the victim and G did not go through the criminal identification procedure because the face of the offender was not viewed) and