The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. The probative value of evidence is left to a judge’s free judgment, but such judgment should be consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial should not be reasonable doubt. However, this does not require that all possible doubts be excluded, and rejection of evidence which is recognized as having probative value should not exceed the bounds of the principle of free evaluation of evidence.

The term “reasonable doubt” in this context refers to the doubt that is reasonable, based on logical and empirical rules, rather than all questions and correspondences, to the probability of a fact that is not compatible with the facts requiring proof. As such, there is a need to establish the basis for a sexual prosecution that is grasping the circumstances favorable to the defendant in relation to the fact finding, the doubt based on conceptual or abstract possibilities may not be deemed to be included in a reasonable doubt.

(2) On June 25, 2004, the summary of the facts charged in the instant case is as follows: (a) around 15:30 on May 28, 2009, at the point of construction in the underground road located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the G used by the L-gu Seoul Special Metropolitan City (hereinafter “W-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Municipal City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City(hereinafter referred to “Special Metropolitan City Special Metropolitan City Special Metropolitan City