The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the statements made by the victim at the investigative agency and the court of the court below are highly reliable, while D, a taxi engineer, at the prosecutor's office and the court of the court below, are less reliable in light of the overall circumstances. According to the victim's statement, the court below acquitted the defendant, who committed an indecent act against the victim as stated in the facts charged, is erroneous in the misapprehension of legal principles

2. Determination

A. The judgment of the court below is based on the evidence consistent with the facts charged of this case, although the victim made a statement at the investigative agency and the court of the court below that the victim was guilty of the facts charged of this case, considering the following facts: (i) the victim made a statement that the defendant and D were on board the front seat of the seat of the defendant, the victim, and D were on board the taxi to move to the police station after the first seat of the defendant and arrived at the parking lot of Yeongdeungpo-gu Council; (ii) while the victim was under the influence of alcohol at the time, he was unable to completely memory the fact that he was on board the taxi during the first seat of the city, while the victim was on board the taxi at the time of the first seat of the city, and the defendant was on board the front seat of the seat of the court of the court below, and (iii) the victim was not guilty of the facts charged of this case, it is hard to find that there was no other evidence to prove that there was an indecent act against the defendant among the parking lots of the court of the court below.

B. The following circumstances, which are acknowledged by evidence duly admitted and investigated by the court below and the court below, i.e., ①.