A. The Defendant did not commit an indecent act against the victim E.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1. The victim, at the investigative agency and the court of the court below, moved in the D club on the day of the instant case, but the defendant saw him to have his own seat and led him to his name.

The victim was seated on the right side of the Defendant, and he kid on his own kids.

In the process of committing indecent acts, it was recommended that female employees would be able to help in the future.

In other words, the Defendant reported to the police by denying the fact that the Defendant had attempted, although the employees recommended the Defendant to go to the police, while female employees did not leave the victim and the Defendant outside.

The victim’s remarks regarding the circumstances reported to the police, the response of the Defendant, etc. after leaving the club with the help of female employees immediately after the Defendant was committed the indecent act in this case, and the details of the indecent act by the Defendant, and immediately after being committed the indecent act, can be believed in a specific and consistent manner.

② According to the closed circuit video (CCTV) recording inside the club at the time of the instant case (hereinafter “video”), if the Defendant took the victim’s hand and took the victim’s seat, and immediately after the Defendant was seated with the victim, if he was aware of the victim’s face, then the Defendant was able to see the victim’s face, and if the Defendant continued to see the victim’s hand on the face, then the victim was hacked with the victim, and if the victim seems to have frighted with the victim’s hand.

The victim's words and images concerning the background of the indecent act and the circumstances thereafter.