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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victims.
B. The punishment of the lower court (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. On July 28, 2016, the Defendant asserted to the same effect as the grounds for the above appeal even in the lower court.
In regard to this, the court below acknowledged the credibility of the victim's statement in very concrete and consistent; ② the defendant started to engage in an act similar to that he/she had had to another woman while the victim had again viewed the defendant; and the victim taken the same image; thus, there is very low room for the victim to intervene in the process of the victim's selection of the defendant as the offender; ③ the victim reported the crime of this case with the intent to harm the defendant otherwise.
In full view of the fact that there are no circumstances to see that the Defendant could recognize the fact that the Defendant committed an indecent act against the victim.
Accordingly, the defendant's assertion was rejected.
The following circumstances acknowledged by the lower court and the trial court duly adopted and investigated the facts, namely, ① the Defendant was boarding D buses at the bus stops located in the Gangnam Station of subway No. 2 on July 28, 2016 on the same day, and the victim was boarding D buses at the bus stops located in the new bus stops located in around 19:17 on the same day, taking into account the fact that the distance of the bus is 4:10 minutes and the usual distance of the bus is 10 minutes, and the bus stops in the Gangnam Station and the new bus stops located in two stations, the Defendant and the victim appears to have boarded the same bus at the time of the instant crime, ② the victim appears to have been on board the bus at the time of the instant crime, ② the victim appears to have been on board the bus first because he was inside the bus at the time, and the details of the use of the transportation card and part of the Defendant’s statement are consistent with the victim’s statement, thereby recognizing credibility in the victim’s statement.