The judgment of the court below is reversed.

The defendant shall be innocent.

The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle, and the incomplete hearing) did not constitute an indecent act against the victim as stated in the facts charged in this case, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in this case, and there is no other evidence

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and erred by misunderstanding of facts, misunderstanding of legal principles and incomplete hearing.

Judgment

On February 5, 2018, from around 00:30 to 01:00 on the same day, the Defendant used the victim’s bucks in the “C” house located on the fourth floor of the building B in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and used the victim’s bucks by hand while drinking the victim D (n, 18 years of age) and alcohol, and even if the victim got the Defendant as a victim of the damage, the Defendant was able to use the victim’s bucks.

Accordingly, the defendant committed indecent acts by force against the victim.

The lower court found the Defendant guilty of the instant facts charged based on the evidence adopted by the lower court.

The burden of proving the facts constituting an offense prosecuted in a criminal trial of the relevant legal principles on the trial for the trial is the public prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, the suspicion of guilt is between the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the judgment of the court below and the court below (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The evidence submitted by the prosecutor, such as D’s statement, is difficult to deem that the Defendant intentionally committed an indecent act to the extent that there is no reasonable doubt as to the fact that the Defendant committed an indecent act in the instant facts charged, and it is otherwise recognized.