The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined by the lower court as a whole, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1) The victim, at the investigative agency, was seriously sealed by the defendant while boarding the electric vehicle in the direction of the front station in the subway E station of the subway No. 2 on the day of the instant case.

On the other hand, it continued to be tightly attached to the body.

To the extent that he wanted to do so, he was pushed ahead of his body and faced to the air.

From the mar to the marm, the entire body was sealed.

2. The term “assumed.”

In the court of the court below, even though the defendant was not a large number of people in subway, the defendant got into the court of the court of the court below and entered the court of the court below's decision to the extent that he would be excessively excessive.

The defendant was extremely discomfortable by tightly exposing his body.

The term "theor" was "theor".

The victim's speech can be believed to be consistent and there is no special contradiction.

2) At the time of the instant case, the investigation by the Seoul Regional Office and the investigation by G, who had been working on the subway E platform No. 2 at the time of the instant case, witnessed the Defendant’s crime and arrested the Defendant as the current offender.

3) As to the background of arresting the Defendant in the court below’s trial, the above G first discovered the Defendant on the E station platform at the time of the instant case, and the Defendant left the subway No. 4’s central stairs of subway No. 4.

While getting off, the two distances have been in the state, and again getting on and off the central stairs of the 2 line without destination and getting back to the end of the platform, and return again to the center.

The defendant's action is doubtful and continued to observe the defendant, and first, it is right to the right when the defendant gets on the front-time vehicle of this case.