The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The statement of the Defendant made by misunderstanding the legal principles and misunderstanding of the facts, and the court below should be understood to the effect that he was in the subway and did not commence an indecent act but was in the subway, and the evidence adopted by the court below is insufficient to secure the authenticity of confession, and thus, it cannot be proven that the evidence adopted by the court below was insufficient to secure the authenticity of confession.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant recognized all the charges of this case from the investigative agency to the court of the court below. However, the Defendant asserted to the effect that boarding in subway with the scope of indecent act in the first instance was true, but did not appear to be an indecent act.

2) The defendant's confessions in the investigative agency and the court of first instance are not different from the legal statement in the appellate court, and the probative value or credibility of the confessions is doubtful.

In determining the credibility of confessions, the credibility of confessions should be determined in consideration of the following circumstances, including whether the contents of confessions are objectively rational, what is the motive or reason for confessions, what is the background leading up to confessions, and what is not contrary or contradictory to confessions among other evidence than confessions (see, e.g., Supreme Court Decisions 2008Do1994, Jun. 26, 2008; 2010Do2556, Apr. 29, 2010). In full view of the following circumstances, confessions in the investigation agency and the court of the original instance regarding the facts charged of this case, which can be recognized by the evidence adopted by the court below and the court of the first instance, are credibility.

The decision is judged.

A) The Defendant, at the police station, moved in advance before arrival to D and moved in front of the door, and put the victim back in the D station to the next place.