The defendant is innocent. The summary of this judgment shall be notified publicly.

2. Determination

A. On May 3, 2012, from around 03:30 to 05:00 of the same day, the Defendant forcibly committed an indecent act at a public smuggling place, such as making soup, soup, soup, the second floor Dracks and 2nd floor of the Goyang-gu Seoul building C, Goyangyang-gu, Goyangyang-gu, the victim E was able to enjoy the victim’s body in his/her next hands, and humping and huming down his/her body.

B. The lower court found the Defendant guilty of the facts charged on the grounds as set forth in the following 2).

2) The victim E consistently confirmed the Defendant’s appearance in the water surface room, which is the place of crime, in line with the police and this court, and stated that the Defendant was identified by tracking the Defendant from the water surface room to the physical fitness room. As above, considering the specific process and circumstances of the Defendant as the offender, the victim’s appearance appears to be extremely low that the Defendant was aware of the Defendant. Furthermore, the victim’s credibility of the victim’s statement is supported by the fact that the victim’s appearance corresponds with the Defendant’s characteristic increase, and that the witness F stated that the Defendant was identical with the Defendant in the water surface room. Meanwhile, the Defendant’s statement made by the police station at G is difficult to believe it as it is by comparing it with the Defendant’s photograph. In addition, although the Defendant’s testimony on a specific circumstance is partially different from that of the victim’s statement, the victim’s main contents of the statement are not found in the FD’s physical training room, and thus, the victim’s credibility is not determined.