가. 사실 오인 피고인은 원심 판시 범죄사실 기재 일시, 장소에서 사람들에게 밀려 피고인 앞의 좌석에 앉아 있던 피해자 쪽으로 넘어지면서 오른쪽 팔 내지 팔꿈치가 피해자의 가슴 쪽에 부딪쳤을 뿐, 공소사실 기재와 같이 손으로 피해자의 가슴을 움켜쥔 사실이 없음에도, 원심은 사실을 오인하여 이 사건 공소사실에 대하여 피고인을 유죄로 판단하였다.

B. The sentence sentenced by the lower court to the Defendant (3 million won in punishment, 40 hours in order to complete the course) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by these evidence, the lower court committed an indecent act against the victim by putting the victim's right chest at his/her hand on the part of the victim, taking into account the following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the ground that the lower court committed an indecent act by putting the victim's right chest.

The decision is proper, and there is no error by mistake of facts as alleged by the defendant.

(1) The statements made by the victim are reliable in that they are consistent with the defendant's act, details of damage, and circumstances before and after the crime, and there is no reason that the victim has made a false statement.

② The victim was consistently set in the police and the court of original instance, and “the Defendant was in secret distance from his next side.”

At one's own side, we turned on the right chest of his own.

He was seated at the end of the subway seat, and the defendant was next to himself, not in his front, but in his front.

“The statement was made to the effect that “........”

According to the statement of the victim, the defendant's argument that the location of the defendant was facing the victim's seat is not the front of the victim, but the victim's side of the victim's seat support. Thus, it is difficult to accept.

B. As to the unfair argument of sentencing.