The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although it is sufficiently reliable in the victim’s statement that a person who caused a misunderstanding of facts was guilty of an indecent act against the defendant, the court below did not accept it and found the defendant not guilty of the facts charged on the part of the defendant’s forced intrusion should be corrected by mistake.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 500,000) is too minor.

2. Determination

A. We examine the assertion of facts. The burden of proving the facts charged in a criminal trial lies on the prosecutor’s burden of proving the facts charged. The conviction is based on evidence with probative value sufficient for a judge to have the truth that the facts charged are 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 (see Supreme Court Decision 2013Do10316, Jan. 16, 2014). In particular, in a case where the defendant consistently denies the facts charged and directly admitted evidence consistent with the facts charged in the record, the victim’s statement is only flexible, and all remaining evidence are merely a specialized evidence based on the victim’s statement, etc., in order to find the defendant guilty of the facts charged, a high probative value is required to be determined at the time of the victim’s statement, and when determining whether there is such probative value, a thorough examination of the victim’s statements and records should be taken into account not only the rationality of the victim’s statement, consistency in the statement, objective and objective evidence 15101.