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. 항소 이유의 요지( 사실 오인) 피고인은 당시 피해자의 신고로 무전 취식으로 인한 즉결 심판 청구서를 교부 받고 억울한 마음에 피해자를 찾아가서 'V' 자 모양으로 손가락을 벌려 춤을 추다가 중지와 검지 사이로 엄지를 넣어 욕하는 시늉을 하였을 뿐 공소사실 기재와 같이 피해자를 강제로 추행한 사실이 없다.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is the defendant's key repair worker and the main points operated by the victim B.

On August 4, 2016, the Defendant was aware of the fact that he was found to be infinite at D points located in Namyang-si, Seoul around 02:50 on August 4, 2016, and found at the above location around 03:50 on the same day, and was under the influence of alcohol.

In order to make sure that it is not possible to operate the business, to threaten the use of the sale, and to prevent the victim's front of the victim who intends to move the damaged area, and to put his or her strong fingers into the place of suspension and commit an indecent act by forcing the victim to put his or her negative part into the place of suspension.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

(c)

The burden of proof for the criminal facts prosecuted in a criminal trial for the above deliberation is the prosecutor, and the conviction of guilt is based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see Supreme Court Decision 2001Do2823, Aug. 21, 2001). Thus, it can be revealed through the evidence duly adopted and examined by the court below and the trial court.