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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the grounds for appeal (the factual error) did not commit an indecent act against the victim as stated in the facts constituting the crime in the judgment below, and even if there was a physical contact with the victim as the victim was found, it is merely a practical contact, and the defendant did not have the intention of indecent act by compulsion.
2. Determination
A. The summary of the facts charged was around 08:55 on November 19, 2018, the Defendant: (a) committed an indecent act by force against the victim E (a) who was going to be able to pass a set at the C Station identification line D, located in Gangnam-gu Seoul Metropolitan Government, with the victim E (a person, female, 29 years of age)’s right straw, with the victim’s own hand on two occasions; and (b) committed an indecent act by force.
B. The lower court found the Defendant guilty of the instant facts charged on the ground that the victim’s statement was reliable, and the victim’s her her her her her her her her her her her her her her her her her her her her her
C. The victim’s investigative agencies and the lower court’s statements and CCTV video CDs, etc. are used as evidence that seem to correspond to the facts charged in the instant case, which are consistent with the judgment of the lower court.
According to the above evidence, it is true that the defendant needs not commit an indecent act against the victim, such as the above facts charged, since it seems difficult for the victim to take the right side of the male or the victim who suffered a brightness in the following color, and it is true that the defendant is in doubt that he did not commit an indecent act against the victim as in the above facts charged.
However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant committed an indecent act with intent to commit an indecent act as stated in the instant facts charged.