1. The judgment of the court below is reversed.

2. The defendant is innocent;

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) does not constitute an indecent act against the victim as stated in the judgment of the court below.

2. Summary of the facts charged and the judgment of the court below

A. On July 15, 2014, at around 08:05, the Defendant committed an indecent act against the victim in means of public transportation, such as taking the part of the Defendant’s sexual flag close after the victim G (V, age 25) in the front line of subway 2, which was operated by the Defendant from the F located in Gwanak-gu in Seoul Special Metropolitan City to the station of the station of the station of the station of the subway located in Seoul Special Metropolitan City, the Defendant committed an indecent act in means of public transportation.

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. According to the evidence submitted by the Prosecutor, the fact that the body of the Defendant and G was in contact can be recognized at the time and place recorded in the facts charged.

On the other hand, however, the records can be recognized as follows.

In full view of the circumstances such as the foregoing, the evidence presented by the Prosecutor alone is difficult to deem that contact with the body of the Defendant and G was caused by the Defendant’s intentional indecent act, and there is no other evidence to acknowledge it.

The inside of the dynamics on the defendant and G was very complicated.

G also stated that “the Defendant’s body was faced with fear of being pushed by many people without being able to do so,” as to the reasons for contact to oneself.

(45 pages of the trial record). In other words, it is highly probable that all passengers, including the defendant and G, have mixed their body with others regardless of their will.

B. Meanwhile, at the time of such a situation, the defendant tried to get the body more closely into G by actively and voluntarily acting in the future, such as specially bending of a bridge or carrying the body in the future.