The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim by misunderstanding of facts or by misapprehending the legal doctrine.

B. The punishment of the lower court is heavy.

2. Determination

A. After filing an appeal, the prosecutor filed an appeal to change the name of the crime to “violation of Special Act on the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crows),” the applicable legal provision “Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” and applied the indictment to replace the facts charged with each other for the following crimes, and the court granted permission.

The judgment of the court below shall not be maintained as the subject of adjudication changes.

Even so, the defendant's misunderstanding of facts and misapprehension of legal principles are subject to adjudication.

B. The following facts and circumstances are acknowledged in full view of the evidence examined by the lower court as a whole, misunderstanding of the legal principles and misapprehension of the legal doctrine.

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

(1) The injured party shall be in the investigative agency and the court of the court below in the subway station D (hereinafter “the subway station of this case”) of the subway station No. 7.

The booming down on the ground was on board the elevator, and there was a large number of people, and the booming boom was a situation.

The victim was in the inside of the elevator, and the defendant was in the left side of the victim, but it was emblance that the victim continued to contact the sound while going on the ground immediately after the door is closed.

The victim was aware of the body of the victim or other people in contact. However, the elevator door was heated and people get off, resulting in a space below the lower space, and the defendant was able to rhy the body of the victim as his hand with the upper part of the body.

2. The term “assumed.”

The victim's words are specific, consistent and reliable.

② As to the situation after the crime of this case, the victim was in the investigative agency and the court of the court below in the same direction as the defendant was taking the place from the subway station of this case.

The defendant is free from office prior to his judgment.