The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) victim E (hereinafter “victim”);

The defendant was arrested by the victim's report immediately after the crime clearly refers to the details of the damage.

The statements of the victim may be trusted.

The lower court did not recognize the Defendant’s indecent act by rejecting the credibility of the victim’s horses.

2. In full view of the following circumstances acknowledged by the evidence examined by the lower court on the grounds of the judgment of innocence revealed by the lower court, the evidence submitted by the prosecutor alone alone that the Defendant committed an act of entering the facts charged with the intention to commit a criminal act.

Convicence is difficult

The lower court’s determination is correct.

① The victim’s speech is the only evidence of the facts charged.

At an investigative agency (after the damage, September 9, 2015) and a court of original trial (after the damage, April 15, 2016), the victim stated the situation at the time of the damage, the details and scope of the damage, etc., and common details are as follows:

At the time of damage, there were many people to leave the subway train of subway 9 (18:50 warning).

In the subway 9 line D stations and women had suffered damage between the stations of subway 9.

Before arrival at the Dongjak Station, the Defendant’s body was added even after the Defendant’s body.

The defendant saw a cell phone on the left hand and saw a dynamic image on the left shoulder of the damaged person.

The body of the defendant was closely adhered to the part of the victim's body and her butt.

With the left elbow, the defendant was flusing and displeasting the defendant.

On the other hand, other female passengers were able to ask the victim of fine.

The Defendant did not seem to have an attitude detrimental to the U.S., and rather, continued to engage in the conduct that helps people tightly wear the body.

(2) The victim stated in the court below the fact of damage expanded than the end made by an investigative agency on the situation at the time of damage, contents and scope of damage, etc.

The main contents are as follows:

at the time of damage.