The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of Defendant’s appeal: misunderstanding of facts and misapprehension of legal principles and unreasonable sentencing

2. Determination on the grounds for appeal

A. (1) The burden of proving the facts charged in a criminal trial on “indecent act on the chest father” lies in the prosecutor, and the conviction should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that it would lead to such conviction, the prosecutor’s interest should be determined even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable.

(2) In regard to whether the Defendant committed an indecent act on the part of the victim’s chest, this paper examines the probative value of the evidence at the time of the original trial.

① The Defendant stated in the court of the court below that “The Defendant was aground for the victim’s left arms” and did not recognize this part of the facts charged.

Therefore, the Defendant’s above statement cannot be admitted as evidence to acknowledge this part of the facts charged.

(2) In addition, witness G also in the court of the court below, the witness G is considered to be a witness who was accumulated next to the victim in the rear side of the victim, and the defendant's hand who was accumulated next to the victim in the front of the victim's body is considered to be the body of the victim.

㉡ 증인이 수사기관에서 ‘상체(가슴 부근)에 손이 오가는 걸 흐릿하게 봄’이라고 진술했는데, 이는 당시 자다가 깼기 때문에 눈이 침침한 상태였다는 것을 말한 것이다.

B. The Court stated that the defendant could not accurately see whether the victim's chest was the chest of the victim, but he could consider his finger in his face.

㉣ 피고인의 손이 피해자의 가슴에 닿았는지 정확하게 모르지만, 피해자의 목 너머로 피고인의 팔이 움직이는 것을...