강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding of facts or misunderstanding of legal principles, is aground on the victim’s chests, and the Defendant does not intentionally have committed an indecent act on the victim’s breasts. Thus, the lower court found the Defendant guilty of the facts charged of this case by erroneous determination of facts or misunderstanding of legal principles.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.
2. Determination
A. In light of the following circumstances, comprehensively taking account of the evidence duly adopted and examined by the court below, i.e., ① the victim made a statement from the investigative agency to the court of the court below that he was guilty of an indecent act from the defendant as stated in the facts charged of this case, ② the victim made detailed statements before and after the crime of this case, and immediately after the crime of this case was committed, the victim's statement is considerably reliable; ③ the defendant was seated at the back seat of the victim at the time of the crime of this case; ③ the defendant was seated at the back seat of the victim; ② the defendant's assertion that the defendant's finger was aground for the victim's chest because he could not easily obtain in light of the structure, interval, etc. of the express bus, etc.
B. We examine the issue of unfair sentencing, that the defendant did not have the attitude of denying and opposing the crime of this case, and that the defendant committed the crime of this case in high speed buses for the convenience of passengers, and that the crime of this case is not good.