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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal does not contain any indecent act against the victim as stated in the facts charged, and the judgment below which found the Defendant guilty of the facts charged in this case is erroneous.
2. Determination:
A. Around October 21, 2012, the Defendant: (a) around 21:45 on October 9, 2012, at the multi-regional bus stops located in Gangnam-gu Seoul, the Defendant forced the victim E (the age 26) who was seated in the waiting seat to view the victim E (the age 26) at the seat of the waiting seat; and (b) sknee the victim’s knee, feling her knee, her knee, her knee, her knee, and her knee, her kne, and her f
B. The summary of the judgment of the court below is that there is evidence of the facts charged, comprehensively taking into account the evidence indicated in the judgment below, such as the defendant's partial statement in the court below, witness E's legal statement in the court below, investigation report (the process of dispatch, etc.) and telephone investigation report
C. The victim’s statement is the only evidence submitted by the prosecutor to be directly consistent with the facts charged, and the victim consistently stated from the investigative agency to the court below that he committed an indecent act by the same method as the defendant stated in the facts charged.
On the other hand, the defendant asserts that there is no indecent act on the part of the victim, such as the facts charged, even though he was cited to sit together with the waiting seat of the victim, and that there is no such an indecent act on the part of the victim.
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the defendant asserted that the victim has a mental illness, but there is no evidence to acknowledge it, as well as the victim's occupation (the 15th page of the evidence record) and 8th page of the evidence record, which the victim appeared in the investigative agency at the time of the instant case, see the victim's attitude and attitude taken by the investigative agency at the time of the instant case.