A. Although the Defendant is faced with the victim, there is no fact that the Defendant misunderstanding of the fact faces with the victim, extending to the left hand, leaving the part of the victim as is.

B. Legal principles are erroneous, even if the defendant's act was found to have committed an indecent act as he was committed by the victim, and there was an assault against forced indecent act.

Therefore, the defendant cannot be seen as being forced to commit an indecent act.

2. Determination

A. 1) As to the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance trial is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). 2) In full view of the following facts and circumstances recognized by the evidence duly adopted and investigated in the lower court’s judgment, the Defendant can recognize the fact that the Defendant moves back to the left hand as stated in the instant facts charged in the instant case, thereby putting the victim’s part on the part of the victim.

Therefore, the defendant's assertion of facts is without merit.

① 피해자는 원심 법정에서 “ 피고인이 앞서 가고 있다가 뒤돌아서 서 점점 저 쪽으로 오길래 오른쪽으로 비켜서 가는데, 마주치는 순간 피고인이 왼손을 뻗어서 팔, 팔꿈치, 배 상 복부를 쓱 더듬고 갔다.

Rably, I am uncomfortable, and ambly, I am."