성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal does not reveal the fact that the defendant committed an indecent act by compulsion of the victim. The defendant was identified as a person who committed the crime without following the criminal identification procedure during the investigation process, and the defendant was in the third degree of visual disability and thus, the defendant was guilty of the defendant even though the defendant was faced with the victim or contacted the body of the victim, the judgment of the court below which found the defendant guilty of the defendant without the intention of indecent act by compulsion of facts.
2. Following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim made a detailed, consistent and clear statement from the investigative agency to the court below, and the victim was identified as the criminal of this case; ② The victim made a witness at the investigative agency to commit the crime of this case, immediately after the crime of this case; ② The CCTV taken the victim’s photograph around the place where the crime of this case was committed by the investigative agency, used the test color for the victim to pass through the subway opening with his/her friendship with his/her friendship, used the test color gate, cut the driver, cut the gate, cut the gate, cut the gate, cut the gate, followed by the person following the opening door, and made a statement that the victim committed an indecent act against himself/herself; ② The victim appears to have been aware that the victim was the criminal of this case immediately after the crime of this case; and ② the victim appears to have been aware that he/she was the victim of this case’s mobile phone again at the time of his/her oral observation; and finally, the victim was sufficient to observe the defendant.