The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by a fine of three million won.

1. Summary of grounds for appeal;

A. The lower court’s punishment (for 6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

B. The part concerning the defendant's statement among the prosecutor's (misunderstanding of the facts as to the acquittal part of the judgment below)'s legal statement in H is admissible as evidence, and according to the part concerning the defendant's statement among the complainant's statement and the court's oral statement in H, it is recognized that the defendant committed an indecent act

2. Determination

A. As to the prosecutor’s assertion of mistake as to the part not guilty of the judgment below, a protocol in which H’s statement on admissibility of evidence or expert statement on the part concerning H’s statement among the testimony in the court below’s decision of the court below is admissible as a matter of principle pursuant to Article 310-2 of the Criminal Procedure Act: Provided, That in cases where a statement made by a person other than the defendant at a preparatory hearing or on a trial date is the content of the defendant’s statement, it may be admitted as evidence only when the statement is made under particularly reliable circumstances pursuant to Article 316(1) of the Criminal Procedure Act.

B. Article 316(1) of the Criminal Procedure Act provides that “When a statement is made under particularly reliable circumstances,” the term “when the statement is made under particularly reliable circumstances,” refers to cases where there is little room to intervene in the fact that the statement was made, and where there are specific and external circumstances to guarantee the credibility or voluntariness of the contents of the statement (see, e.g., Supreme Court Decision 2010Do5948, May 24, 2012). The lower court determined that the part of the statement made by H in the lower court by the Defendant among the legal statements made by H in the lower court cannot be admitted as evidence.

However, H, as a police officer, dialogues with the defendant in order to grasp the circumstances of the case and take necessary measures, and the statement of the defendant is to explain the situation to the police officer who asked the circumstances of the case to the direction favorable to him.