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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who is aware of the fact, was a stairs, was flicking the victim, and was physically contacted with the victim, and did not commit an indecent act against the victim.
However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.
2. According to the evidence duly adopted and examined by the court below, the victim was consistently present from the investigative agency to the court below to the court below, and the defendant was her her her her her her her her her son
In light of the above circumstances, the victim’s statement was made, and the victim immediately resisted to the Defendant that her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her
However, in a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction shall be based on the evidence with probative value sufficient to have a judge correct conviction to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be judged on the charge even if the defendant is suspected of guilt (see Supreme Court Decision 2015Do11428, Feb. 18, 2016, etc.).