The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as stated in the judgment of the court below.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is a merchant who sells clothes in C commercial buildings.

On April 30, 2014, at around 21:30, the Defendant concluded a dispute on the grounds that the Defendant sold the same clothing at the Defendant’s store in front of the victim’s shop located in 151, which was operated by Jung-gu Seoul Central District Court D (Inn, 31 years of age), around 151.

The Defendant committed an indecent act by force against the victim, such as: (a) by pushing the victim with the Defendant’s ship and chest, pushing the victim’s chest, breast, etc. to contact the Defendant’s coaches; (b) driving the victim’s body on either side or side; and (c) causing the victim’s body to fire on either side or side; and (d) by forcing the victim to do so.

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. In full view of the following circumstances acknowledged in accordance with the evidence duly adopted and investigated by this court, each of the statements in the victim D, witness F, E investigation agency, and court of original instance submitted by the prosecutor is insufficient to recognize the facts charged, or to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.

Therefore, the facts charged in this case should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because there is no proof of crime.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment, and the defendant's misunderstanding of facts is justified.

The injured party, in the investigative agency and the court of the court below, had the body of the injured party, and the breast and the ship are in contact with the injured party while the injured party was crypted in the previous corridor with the accused.