The judgment of the court below is reversed.

The defendant shall be innocent.

1. The abstract of the grounds for appeal and the mistake of facts;

2. In light of the following circumstances acknowledged by the court’s records, it is difficult to view that the evidence submitted by the prosecutor alone was proven without reasonable doubt as to the fact that the criminal who forced the victim to commit an indecent act at the time and place specified in the facts charged is the criminal defendant.

1. On the left side of the victim, the victim was committed the indecent act in this case by a man against whom the victim was able to walk on the right side of H, while F was coming to walk on the right side of H by immediately facing the arms to the right side of H.

② The victim stated in the investigative agency that “I want to pass by a man who was salked “in the front,” and that I would like to put my own hand into a knife with a knife and knife with a “on the left hand,” and stated in the lower court that “I am in the front,” “I am in the part of the victim’s own knife., I am in the front knife.”

On the other hand, F made a statement to the effect that “The defendant commits an indecent act against himself or herself, and the defendant commits an indecent act against him or her following the victim.”

Examining the indecent act situation expressed in each of the above statements in light of the victim, H, and F’s location and distance at the time, it is difficult to readily conclude that the Defendant, who committed an indecent act against the victim, is the same person.

(3) The "F was suspected of having been faced with the defendant once," and "F was suspected of having been faced with the defendant.

When the victim got back to the table immediately after he was able to commit an indecent act, the victim was protected by considering the victim's body as the victim's scam and the defendant's scam as a scam. However, even if scam was passed, the defendant scam against himself and scam in a sufficient situation.