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. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The judgment of the court below on unreasonable sentencing (the fine of three million won and the completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. On August 25, 2013, at around 00:14, the Defendant committed an indecent act by force against the victim E (the age of 43) on the front side of “D kindergarten” located in Busan, Jin-gu, Busan, by taking a common desire for the Defendant, such as the victim E (the age of 43) going under the influence of alcohol, or the Defendant, “Is that the camping is deemed to be a starting baby,” on the hand floor, twice the victim’s sonlum, and the victim’s chest and flas together, and forced the victim to commit an indecent act.

B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.

C. The prosecutor bears the burden of proving the criminal facts charged in a criminal trial for the judgment of the political party, and the conviction should be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt.

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

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). In compliance with the facts charged in the instant case, each investigation report containing the interrogation protocol of the victim and the statement of the victim prepared by a judicial police officer as evidence that conforms to the facts charged in the instant case. The victim expressed that the Defendant, who was diving under the influence of alcohol, took a look at the victim’s sound and chest, and the victim took a look at the victim’s chest, and the victim took a look at the victim’s drinking.

The witness F of the court below stated that the defendant and the victim were in conflict with each other, and that the victim was assaulting the defendant by going on the part of the defendant who is the victim.

the statement of the victim;