The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant did not commit an indecent act against the victim as stated in the facts charged in the instant case, the lower court which convicted the Defendant, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the following facts acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant could sufficiently recognize the fact that the Defendant committed an indecent act against the victim as stated in the facts constituting an offense, and that the Defendant committed an indecent act against the Defendant at the time.

① The victim stated, from the investigative agency to the court of the court below, that “I am on the subway, I am expected to be in the partitions front of the day, but the Defendant, who left his left side of the subway, was in front of her clothes. Therefore, the Defendant’s hand and kid the Defendant’s hand in order to confirm the indecent act. As such, the Defendant stated that “I am Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop Dop,” and that “I am Dop Dop Dop Dop Dop Dop.”

사건 당일 피고인을 처음 만난 피해자가 위증의 벌을 감수하면서 피고인을 형사처벌의 위험에 빠뜨릴 의도로 허위 진술을 할 특별한 사정이 없고, 피해자의 진술태도는 과장되거나 꾸밈이 없었으며, 그 내용 등에 비추어 신빙성을 인정할 수 있다.

② At the trial of the court below, the witness C, who was witness, also testified in the court below that “At the time, the victim tolds that “I would like to live, I would like to do so,” and the defendant respondeded to “e.g.,” and at the time, the defendant tried to get off the train with other passengers and tried to stop as if the other passengers were to get off, and supported the victim’s statement.”

③ At the time of the instant case, the Defendant was in motion.