The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal: (a) the content of the victim’s 112 declaration; and (b) the details of the victim’s statement at the police station, the victim consistently stated that “the Defendant reported the victim and went back to the victim’s chest after leaving the victim’s chest.”

In addition, in full view of the fact that the Defendant discovered the victim and laid down the arms in both sides, the Defendant her chest was frightened by the victim, and the victim reported immediately to 112, the Defendant’s act constitutes “indecent act”.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. On November 4, 2019, the Defendant: (a) around 15:00 on November 15, 2019, laid the crosswalk in front of Yeongdeungpo-gu Seoul Metropolitan Government; (b) took the marb from the part adjacent to the victim C (the name of the victim, the age of 8) and committed an indecent act by force against the victim, who was under 13 years of age by cutting the victim’s left chest with his/her own arms.

B. 1) The lower court acquitted the Defendant of the facts charged on the grounds that “The evidence alone submitted by the prosecution, such as the victim’s statement, is difficult to deem that the Defendant committed an indecent act against the victim by deceiving the victim’s left chest in his left hand.” 2) The burden of proving the facts charged in a criminal trial lies with the prosecutor, and the recognition of the guilty ought to be based on the evidence with probative value, to the extent that there is no reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt, and thus, if there is no such evidence, there is no doubt of the Defendant’s guilt.

Even if there is no choice but to judge the interests of the defendant.

Supreme Court Decision 2009Do1151 Decided July 22, 2010