성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) is as stated in the facts constituting an offense in the judgment below, the Defendant did not have to salve the victim’s salke and pelle with his left arms, and only salkes off the part of the victim’s et al. with his left hand less than twice, and such an act does not constitute an indecent act due to an intangible act committed by the Defendant while under the influence of alcohol while the Defendant was on the part of his arms and knife., and there was no intention to commit an indecent act.
2. Determination
A. However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant committed an indecent act against the victim as stated in the facts constituting the crime in the judgment below, and the defendant had an intentional act on the part of the defendant.
① The victim made consistent from the investigative agency to the court of the court below’s trial, to the effect that “the Defendant, under the influence of alcohol at the time, did not contact the body of the victim, but walked to the left side of the victim, and she naturally walked after the victim’s hacks down his/her her saf and half of the body.”
② In the court of the court below’s judgment, G employees G and H directly witnessed the instant crime at the time at the time, stated to the effect that “Although the Defendant was under the influence of a certain size, the Defendant was not in the state of being flown to the extent that he was unable to hold his body, and that the Defendant appeared to go on the side of the victim and then she was sworn the Defendant’s hand, so the Defendant did not appear to have contacted the victim’s body due to the debris under the influence of alcohol.”
(3) Even based on CCTV screen taken at the scene at the time, the defendant sent his mobile phone away from the floor of the platform at the time and walked about several to the right side of the victim, and accurate part of the victim's body.