The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant’s act of taking several times the shoulder of the victim D (nive, 15 years of age, 15 years of age) as stated in the facts charged of this case by intention committed an indecent act against the victim by doping.

In addition, since the defendant and the victim were not well aware of each other, the above behavior of the defendant cannot be justified in light of social norms.

Nevertheless, the court below found the defendant not guilty of the above facts charged, which erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. A criminal defendant is presumed innocent until the judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution of the Republic of Korea, and Article 275-2 of the Criminal Procedure Act). The presumption of innocence is not only the stages of investigating crimes, but also the large principle which leads to criminal procedures and criminal trials overall until the judgment becomes final and conclusive, and is based on the old legal text, “the benefit of the defendant, if doubtful,” which is the basis of our criminal law.

Article 307 (2) of the Criminal Procedure Act provides that "The recognition of facts constituting a crime should be proved to the extent that there is no reasonable doubt."

“.......”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

If the evidence submitted by the prosecutor alone does not reach the degree of conviction, even if there is a doubt of guilt, it should be judged with the benefit of the defendant.

The statement of the victim or the statement of the person closely related to the victim in determining whether there was an indecent act in a situation in which it is difficult to expect that the indecent act against the victim would normally be committed, such as a place in which many people have made public at low time.