The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that part of the defendant's body could contact the victim's body during dancing, but did not engage in the same conduct as the facts charged, even if the defendant did not do so.

Even if there was no intention, and there was no bad purpose, so the judgment of the court below which recognized the crime of indecent act by force is erroneous in the misapprehension of facts.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the following facts are recognized.

Therefore, since the police of the victim and F and each statement in the court of the court below are reliable, it can be recognized that the defendant committed the same act as the facts charged.

① 피해자는 경찰 및 원심 법정에서 ‘ 나이트클럽 무대에서 춤을 추고 있었는데 피고인이 다가와서 성기를 피해 자의 엉덩이에 비볐다’ 고 진술하였고, F은 경찰 및 원심 법정에서 ‘ 피해자의 엉덩이에 성기를 비비는 피고인을 몇 차례 말렸음에도 피고인이 그와 같은 행위를 계속하자 화가 나서 피고인을 때렸다’ 고 진술하였는데, 진술내용의 주요한 부분이 일관되며, 경험칙에 비추어 비합리적이거나 진술 자체로 모순되는 부분이 없다.

(2) The victim, F, and G initially viewed the defendant at his/her age club, and F and G, without any special reason, committed an indecent act against the defendant in order to mislead him/her.

A false statement is an exceptional.

③ The Defendant also recognized that the police and the prosecution had a dance close to the victim, and that there was a physical contact.

statement, police or physical contact is likely to be made;

B. The Defendant’s act in the facts charged constitutes an act of causing sexual humiliation or aversion to an average person, and contrary to good sexual morality, and thus, the victim’s sexual freedom.