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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although the Defendant did not commit an indecent act against the victim, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
Judgment
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim's statement from the investigative agency to the court below is consistent and specifically stated in the situation where the victim's indecent act was committed and the circumstances and process during which the defendant was reported to the investigative agency, etc., and the victim reported to the investigation agency on his own damage immediately after the occurrence of the case, and reporting to the investigation agency on the damage that the young female victim was forced to indecent act by the defendant in the subway without any reason, it is difficult to understand it formally and it is difficult to obtain the victim's report to the investigation agency, and the victim wants to strong punishment without any specific request from the defendant without any damage. In addition, considering all the circumstances, the victim's statement at the court below is acknowledged to be sufficient when considering the crime of indecent act at a public gathering place, and the behavior of indecent act and the circumstances at the time of the indecent act, etc., the defendant's intentional act is established, and therefore, the judgment below convicting the facts charged of this case is justified.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.