The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The police statement of the victim in the summary of the grounds for appeal is admissible in accordance with Article 314 of the Criminal Procedure Act, and according to the above evidence, the defendant's indecent act against the victim can be acknowledged.

2. Determination

A. On September 1, 2016, the Defendant, at around 14:44, 2016, used a part of the victim D (the 25 years old, sailand) in a soup female body located in Yongsan-gu Seoul, Yongsan-gu, Seoul, in a hand with the intent to discover and commit indecent acts against the victim D (the 25 years old, sailand).

Accordingly, the Defendant committed soup at soup, which is a place of public gathering, indecent act on the victim.

B. The lower court found the Defendant not guilty on the ground that the victim’s damage report and the police statement of the victim were not recognized as authentic, and that the investigation agency could not be deemed to have adopted considerable means to allow the victim to attend and make a statement in the official judgment, and thus, the admissibility of evidence cannot be acknowledged.

C. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the first instance court, the Defendant’s indecent act against the victim can be acknowledged.

① 피해자는 당심 법정에 출석하여 ‘여성 수면실에서 잠을 자고 있었는데 다리 안쪽으로 5~6번 정도 문지르는 느낌이 나서 눈을 떴다. 허벅지 쪽을 문질렀고, 사타구니 쪽을 만질 때 누르는 느낌이 들어서 깜짝 놀랐다. 사타구니 쪽을 만질 때 음부에도 손이 닿았다.’라는 취지로 진술하였고, 피고인의 얼굴을 확인한 후 이 사건 당시 자신을 만진 사람이 피고인이 맞다고 진술하였다.

② The Defendant asserts that there was no intention to commit an indecent act on the part of the victim by having contact with the victim by using the waterway in the process of finding a friendly relationship because of lack of eyesight.

However, in light of the following circumstances, the defendant's intentional act is committed against the defendant.