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

The grounds of appeal are examined (to the extent of supplement in case of supplement in case of supplemental appellate briefs not timely filed).

1. The criminal defendant is presumed innocent until a 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 attracts criminal procedures and criminal trials throughout criminal trials until a judgment becomes final and conclusive, and is based on the long legal term “the interest of the defendant who is doubtful.” This principle is based on 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 such a level that leads to conviction, it shall be determined with the benefit of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 2000Do5395, Feb. 23, 2001). In a case where it is difficult to anticipate that an indecent act against a victim normally committed an indecent act, such as a place where many people pass through during a low time, if the victim’s statement or the statement of a person closely related to the victim is the sole evidence, in order to determine the defendant guilty on this basis, there is no reasonable doubt as well as the feasibility of the content of the statement itself in order to determine the defendant based on this.