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The defendant's appeal is dismissed.
Reasons
1. At the time of the summary of the grounds for appeal (misunderstanding of facts), the defendant had contacted the victim's body in an infinite state while being diving, and there is no fact that he committed an indecent act against the victim as stated in the facts constituting an offense in the original judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim, consistent in the investigative agency and the court of the court of the court below, i.e., inasmuch as the victim seems to have seen that he was locked at the time, on the left left bucks, by carrying out the floor of the Defendant’s handbucks, and therefore, he was found to have opened the Defendant on the left bucks, and so, he was found to have dried up the Defendant.
”라고 말하였다’ 고 진술하고 있는 점, ② 피해자는 이 사건 범행이 벌어지고 난 후 곧바로 남자친구에게 ‘ 옆에 앉은 아저씨 이상해, 나 눈 좀 붙이고 눈떴더니 허벅지 만져’ 라는 E 메시지를 보낸 사실이 있는 점 등을 종합해 보면, ‘ 피고인이 원심 판시 범죄사실 기재와 같이 피해자를 추행하였다’ 고 충분히 인정할 수 있다.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.