The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The gist of the grounds for appeal was that the Defendant did not commit an indecent act against the victim at the time of the instant case, and that there was no intention to commit an indecent act because the Defendant was committed only by the cell phone game images.

(M) Even if a person is found guilty of domestic affairs, the penalty (such as a fine of three million won) imposed by the court below is too unreasonable.

(F) Determination; 2. Determination

A. The summary of the facts charged in the instant case and the summary of the facts charged by the lower court are as follows: (a) on March 20, 2019, the Defendant committed an indecent act, such as repeatedly harming the victim’s her sexual intercourse at the victim D (tentative name, leisure, 19 years of age) attached thereto, which is going to the C Station in the direction of C Station in the subway No. 9 Line B, around March 20, 2019, along with the rapid operation of the train in the direction of C Station No. 9:30, the Defendant committed an indecent act.

‘' is the same.

As to this, the court below found the defendant guilty on the basis of the evidence of the court below's decision, such as the victim and crackdown police officer's statement

B. 1) The burden of proving the facts charged in a criminal trial lies on the prosecutor’s burden of proving the facts charged in the criminal trial, and the conviction should be based on evidence with probative value sufficient to make a judge not to have any reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it shall be determined as the defendant’s interest. 2) The evidence consistent with the facts charged in the instant case includes victim D (name), police officer E’s legal statement in the lower court, video CD, etc.

According to the above evidence, it is true that the defendant and the victim met almost all the body of the defendant and the victim immediately after the transition of the vehicle, and that the defendant had followed the victim again after being separated from the victim until the victim went back from the transition of the vehicle. Therefore, it is true that the defendant does not commit an indecent act against the victim, such as facts charged.