The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal (fact-finding) is that the defendant can easily boom the victim's body with the defendant's hand or contact the victim's body with the victim's body while booming booms in the instant club. However, the court below found the defendant guilty on the ground that the defendant did not intentionally boom the victim's chest, and that the court below erred in misunderstanding of facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged was around 03:52 on August 11, 2018, the Defendant committed an indecent act by force on the part of the victim D (the age of 31) who is a club employee at the “C” club located in Gangnam-gu Seoul, Gangnam-gu, Seoul, following the lapse of the victim D (the age of 31).

B. The lower court found the facts charged and found the Defendant guilty on the grounds of the evidence indicated in its judgment.

3. In the judgment of this court, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial for the judgment of this court, and the finding of guilt is based on evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt for doubt.

Therefore, if there is no such evidence, even if there is no such evidence, the defendant is suspected to be guilty.

Even if the interests of the defendant should be judged as the interests of the defendant

(2) As to the facts charged of the instant case, the evidence submitted by the prosecutor alone is insufficient to deem that the facts charged of the instant case was proven without any reasonable doubt, in light of the following circumstances acknowledged based on the health care unit and the evidence duly adopted and examined by the lower court.

Therefore, the defendant's assertion pointing this out is justified.

① At the time of the occurrence of this case, the instant club was in a congested situation due to many people, and the booming boom in the club is in a creb of people.