The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

On March 2, 2017, at around 23:58, the Defendant committed an indecent act by force against the victim, by inserting the victim E (here, 47 years of age) who intends to take a bus in “C bus stops”, following the victim’s own cam, etc., and inserting the victim’s hand into the victim’s seat cam, and inserting the victim’s tam and tam into the victim’s seat.

2. On the grounds stated in its reasoning, the lower court found the Defendant guilty on the ground that the Defendant could sufficiently recognize the fact that the Defendant committed an indecent act by force against the victim by deceiving the victim’s her straw and her butt.

3. However, the lower court’s determination is difficult to accept in light of the following circumstances.

In a criminal trial, the burden of proving the facts charged in the indictment is to be borne by a prosecutor, and the conviction is to be based on evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt.

Therefore, if there is no such evidence, even if there is no such evidence, the defendant is suspected to be guilty.

Even if the interests of the defendant should be judged as the interests of the defendant

B. (See, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001).

The judgment below

According to the reasoning and records, the following questions are raised as to whether a indecent act, such as facts charged, was committed.

(1) As to the opportunity when the witness F of the first instance and the lower court observed the scene of the crime, the first instance and the lower court stated to the effect that, after the bus arrived, the Defendant was able to drive away from the victim in the future, the Defendant was able to carefully observe the Defendant, and that the Defendant was able to put the Defendant into the victim’s seat with his hand, and that the Defendant was able to commit an indecent act.

However, when it is based on a bus black image, the defendant look at the bus that is approaching the bus at the bus stop in India while putting a hand on the outer slot machine, and the bus stops on the front.