The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on September 13, 2015, did not have committed an indecent act by force against the victim E (hereinafter “victim”) on September 13, 2015, as provided in paragraph (1) of the facts charged.

B. The punishment of the lower court is heavy.

2. Determination

A. The following facts and circumstances are recognized if the evidence examined by the court below as to the assertion of misunderstanding of facts is combined.

The facts that the defendant committed an indecent act against the victim on September 13, 2015 can be recognized based on such facts.

① The victim immediately reported to the police the fact of harm to the victim, who was committed an indecent act under paragraph (2) of the facts charged by the Defendant (hereinafter “second indecent act”), and the Defendant was arrested as the current offender at a place where the crime was committed at the scene of the crime.

② On September 13, 2015, around 34 days prior to the second indecent act, the victim made a statement about the facts of the harm to the police, and there was an indecent act under paragraph (1) of the facts charged by the Defendant in the same manner as the second indecent act at the same place (hereinafter “the first indecent act”).

The term "" refers to the following.

(3) The victim refers to the methods and circumstances in which the crime was committed with respect to the primary indecent act, and the circumstances before and after the crime, that are consistent and concrete in investigative agencies and the original court.

The inevitable physical contact and intentional shoulder that occur while walking a congested distance are faced with, and the act of taking breast by hand, etc. can be usually classified.

It is difficult to regard the victim as being aware of, and there is no circumstance to gather the defendant or to make a false assertion of the fact of damage.

The statements of the victim may be trusted.

④ 피해자는 수사기관 및 원심 법정에서, ‘1 차 추행 당시 맞은편에서 걸어오던 사람이 고의로 부딪치는 척 하면서 가슴을 만진 것이라고 확신하고 쫓아가서 “ 제 가슴 만지고 가셨죠

Inasmuch as she talked that she escaped, she told her.”

. The defendant-appellant.