2. Comprehensively taking account of the following facts acknowledged by the lower court and the first instance court’s duly admitted and examined evidence and the circumstances inferred therefrom, the Defendant may sufficiently recognize the facts that the Defendant committed an indecent act against the victim’s chest by intentionally facing the victim’s chest on the left side of the indecent act.

The judgment of the court below is just and without merit.

① 피해자는 이 사건 직후 바로 경찰에 신고하였고 수사기관부터 원심 법정에 이르기까지 일관하여 이 사건 범행 장소는 두 사람이 충분히 지나갈 수 있을 정도의 폭이었음에도(증거기록 제37쪽 상단 사진) 피고인이 왼쪽 팔로 자신의 가슴을 물컹할 정도로 부딪쳤다고 진술하고 있다.

There is no motive or reason for the victim to make such a false statement.

② At the time of the police investigation, the Defendant stated that he was unaware of the fact that he was unable to see that he was the victim at the time of the police investigation, and that she was unaware of the fact that she was the victim first, but later made an ambiguous statement as to whether she was in contact with the victim.

However, the point in which the defendant asserts as the place of the crime of this case is narrow enough to pass by one person who has engaged in friendly acid (Evidence No. 37 of the evidence record). While one person uses friendly acid at the same time, two persons should face each other as much as their body overlaps so that two persons pass at the same time, so it is difficult to accept the statement without clearly recognizing that the defendant was unable to see the victim and that the victim was faced with the victim.

(3) On August 16, 2017, the defendant entered the alley in which the instant crime occurred, around 22:02.