The defendant's appeal is dismissed.

The Defendant alleged a misunderstanding of facts or misapprehension of legal principles has only left hand to the effect that he gets frighten from the victim and the victim's private village E, and there is no indecent act against the victim.

Although the statement of the victim and E is not reliable, and even CCTV images are not recognized, the judgment of the court below which found the guilty of the facts charged in this case is erroneous or erroneous in the misapprehension of legal principles.

Judgment

In full view of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim, such as the facts charged, and there is no counter-proof.

The judgment of the court below is just, and there is no error of mistake or misapprehension of legal principles as alleged by the defendant.

① 피해자는 수사기관에 “사촌언니와 같이 떡볶이를 먹고 있는데 모르는 할아버지가 뒤에서 겨드랑이를 쪼물딱거렸다. 실실 웃으면서 갔다.”는 내용의 자필진술서를 작성하여 제출하였고(증거기록 8쪽), 원심 법정에서는 “떡볶이를 먹고 있었는데, 뒤에서 갑자기 겨드랑이를 만졌어요.”, “의도적으로 한 것처럼 느껴졌어요.”, “만지고 웃다가 갔어요.”라고 진술(공판기록 41~42쪽)하였는바, 당시 상황과 범행 태양 등에 관한 진술이 대체로 일관되고 구체적이다.

However, in the statement submitted by the victim to an investigative agency, the victim stated that "the right franc was met." However, in the court of the court below, the change in this degree is natural memory in light of the fact that the victim's age, the point of time of occurrence of the case and the point of time of statement, the difference between the victim's left side and the right side of the victim's left side, and the fact that the franc was reached is clearly stated.