The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the defendant pointed out the will of the victim who did not comply with the rules of the company at the time of the instant case, and the defendant puts down the bottom of the rash string worn by the victim with his left hand, and, as stated in the facts charged, the defendant did not have any fact of gathering the victim's left hand hand handbbbbbbbbbs on different premise, and did not have any fact of taking part of the victim's right handbucks, the judgment of the court below which found the defendant guilty of the facts charged of the instant case on different premise, thereby affecting the conclusion of the judgment.

2. Determination

가. 공소사실의 요지 B카드사 C 영업소 소장으로 재직 중이던 피고인은 2018. 4. 13. 11:50경 대전 서구 E빌딩 13층 엘리베이터 앞에서, 위 영업소 여사원으로 근무하고 있던 피해자 D(여, 32세), 같은 여사원 F(여, 27세) 등과 함께 점심식사를 하러 가기 위해 엘리베이터를 기다리고 있던 중, 피해자에게 “치마가 너무 길은 거 아냐 ”라고 말하면서 왼손가락을 피해자의 치마 하단 레이스 구멍 속으로 집어넣은 다음 허벅지 부위를 꾹 누르며 “이 정도는 와야 하는 거 아니냐 ”라고 말함으로써, 피해자를 강제로 추행하였다.

B. The judgment of the court below also argued that the defendant was not guilty as in the grounds for appeal, and the court below consistently made a statement consistent with the facts constituting the crime in the judgment, and there is credibility in such statement, G, and F at the time of the instant case’s appearance at the court or investigation agency to the effect that “the defendant’s finger will come to the victim’s fingers,” but according to CCTV images, they appears to have been in a position that could not accurately see whether the defendant’s fingers entered the victim’s fingers hole, and G and F were in a position to the victim on the day of the instant case.