강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the shopping bags cited in the process of boarding the subway are limited to those of the victim's her butt her butt her butt, and there is no indecent act against the victim.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the victim considered from the investigative agency to the court of the court below that "the subway platform was waiting for subway, but the defendant thought that the defendant was able to take the subway back. The defendant, who was later on the rear side of the subway to get aboard the subway, was found to have her middle part of the subway. The defendant reported her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her
나. 피고인은 피해자와 부딪힌 것을 추행한 것으로 오해하였다고 주장하나, 피해자의 입장에서 쇼핑백을 들고 있던 피고인의 손등과 피해자의 엉덩이가 우연히 부딪힌 상황을 피고인이 고의적으로 피해자의 엉덩이를 움켜쥔 것으로 오해하였다는 것은 상식적으로 납득하기 어렵고, 피해자의 위와 같은 진술과도 배치된다.
C. Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.