The judgment below

The part of the defendant's case shall be reversed.

The Defendant’s request for attachment order among the judgment below is not guilty.

1. Summary of grounds for appeal;

A. The defendant and the person against whom the attachment order was requested (the defendant) and the person against whom the attachment order was requested (the defendant) committed an indecent act against the victim; the police officers of the victim and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") made statements at the court of the court below are not consistent to the victim's statements at the court of the court below after seven years from the occurrence of the case, but lack credibility; and despite the absence of any other evidence to prove the facts charged,

B. The prosecutor (a two-year suspended sentence of imprisonment) sentenced by the lower court to the Defendant (a two-year suspended sentence of imprisonment) is deemed to be too uneasy and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged is that the Defendant, around the end of November 2005, committed an indecent act against the victim under the age of 13 by putting the chest of the victim E (the age of 12 at the time) who was playing together as a her wife, and she was able to do so at the home of the Defendant’s office of Bupyeong-gu, Incheon, Bupyeong-gu, 301 at the end of November 200.

B. The lower court found the Defendant guilty of the facts charged on the ground that, in full view of the following circumstances acknowledged by macroscopic evidence, the Defendant could sufficiently recognize the fact that the Defendant committed an indecent act against the victim who was unable to resist

1) 피해자 진술의 신빙성 가) 피해자는 원심 법정 및 수사기관에서 ‘이모부인 피고인의 집에 자주 놀러 가서 자고 왔는데, 피고인이 나의 가슴과 엉덩이 등 몸을 만진 적이 여러 차례 있고, 특히 2005. 11. 말 어느 날 밤 피고인의 집 거실에서 잠을 자고 있던 중 나의 가슴을 만지고 음부에 손가락을 넣어 잠에서 깼던 것이 기억난다.’라는 취지로 설명하면서 피해 사실을 진술하였다.

B. The above statements by the victim are ① the location and internal structure of the defendant's house, the damaged place.