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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) found the Defendant guilty of the facts charged in this case, although the Defendant did not have committed any obscene act as described in the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. According to the evidence duly examined and adopted by the court below, the following circumstances are recognized.
① Since the investigation agency and the court of the court below, D testified that “the defendant saw that he was at a place where approximately 2 meters away from the appearance of the defendant her seated at the time of the instant case and her sexual organ taken by hand.” The above statements are detailed, not contrary to the rule of experience, and are highly reliable because they are specific.
② The Defendant, at the time of the instant case, testified that the right-to-hand bridge was flicked while smoking tobacco, and that the right-to-hand bridge was flicked, and that the flick was flicked by hand, but there is little possibility that a witness may confuse flicker’s actions by flicking his sexual organ with his hand.
③ In the Daejeon District Court around 2000, the Defendant was punished by a fine of KRW 3 million due to an indecent act against women by taking the sexual organ inside the city bus at the Daejeon District Court, and was punished by a fine of KRW 1 million due to obscene act committed by taking the sexual organ out at the Jung-gu District Court around 2002, the Defendant asserted that he was punished by a fine of KRW 1 million even though he did not commit an indecent act inside the city bus.
B. In full view of the aforementioned circumstances, the lower court’s judgment that determined that the Defendant committed obscene acts, such as the facts charged, is difficult to accept the defense of the Defendant.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.