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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the factual error) recognizes the victim's statement as direct evidence of conviction against the defendant, but the court below has some contradictions in the victim's statement, and it is difficult to exclude the possibility of mistake in the situation at the time of damage even if the victim did not intentionally gather the defendant.
In addition, it is difficult to understand in a common sense that the defendant, who was flabed by the police box located in Suwon-si on the day of the instant case, commits an indecent act against a woman who works in the place of his house where he resides with his parent.
2. Determination
A. The facts charged in the facts charged and the judgment of the court below are as follows: "The defendant discovered that the victim F, who is a child or juvenile, her child or juvenile, her f (the age of 18) go up in the opposite part of the E box that was handed over before the police box in Suwon-gu, Suwon-si, on December 22, 2012, and moved the Handphone that was sckn in the hand to the left hand, and then the victim got off the victim's right hand and forced the victim to commit an indecent act by force," and the court below found the defendant guilty of the facts charged in violation of the Child and Juvenile Protection Act (Indecent Act) by taking account of the following evidences.
B. 1) As to the credibility of the victim’s statement, evidence to find the Defendant guilty of the facts charged in the instant case is the victim’s statement, while the Defendant denies the crime by denying the victim’s buckbucks as stated in the facts charged. Thus, we examine whether there was any falsity or mistake in the victim’s statement.
B) The victim stated in the complaint directly prepared on the day of the instant case that “I am back to the upper buckbucks.” (Evidence Nos. 12, and on the same day, in the police on the same day, “I am back to the lower bucks.”
. Clearly part of the damage.