The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The judgment of the court below that found the defendant guilty on the basis of the victim's statement with no credibility although the defendant did not commit an indecent act against the victim as stated in the facts charged is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (the fine of 5 million won, the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

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

A. The summary of the facts charged and the victim B (P, 2) are the customers of the “D” in Seocho-gu Seoul Metropolitan Government, and they are not aware of it.

Around 03:00 on October 24, 2018, the Defendant committed an indecent act by force against the victim in a manner that the victim, who was drinking alcohol in the above “D”, was her own knife and her knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the

B. The lower court found the facts charged and found the Defendant guilty on the grounds of the evidence indicated in its judgment.

3. The judgment of this Court

A. In the relevant legal doctrine, the prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial, and the conviction of guilt shall be based on the evidence with probative value sufficient to have a judge prove that the facts charged are true beyond a reasonable doubt. If there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the Defendant even if there is no such proof.

(See Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006; etc.). Statements made by victims, etc. are consistent with the main part of the statements, there is no unreasonable or contradictory part in light of the empirical rule, and there is also no motive or reason to make a false statement unfavorable to the defendant.