1. The judgment of the court below is reversed.

2. The defendant is innocent;

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) does not constitute an indecent act against the victim as stated in the judgment of the court below.

2. Summary of the facts charged and the judgment of the court below

가. 공소사실의 요지 피고인은 2014. 4. 30. 07:59경 부천시 소사구 부천로 1에 있는 지하철 1호선 부천역에서 용산역 방향으로 가는 전동차 안에서 주변이 혼잡한 틈을 이용하여, 피해자 D(여, 21세)의 등 뒤에 피고인의 몸을 밀착하고 무릎을 굽힌 후 성기를 앞으로 내밀어 피해자의 엉덩이에 붙이고 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

B. The lower court found the Defendant guilty of the facts charged based on the duly admitted evidence.

3. According to the evidence submitted by the Prosecutor, the fact that the body of the Defendant and D was in contact can be recognized at the time and place indicated in the facts charged.

On the other hand, however, the records may be accepted as follows: B.C.

In full view of the above circumstances, the evidence presented by the Prosecutor alone is difficult to deem that contact with the body of the Defendant and D was caused by the Defendant’s intentional indecent act, and there is no other evidence to acknowledge it.

The inside of the train at the time was very complicated.

The Defendant and other passengers, regardless of their own will, should have been in contact with other people.

B. It is true that there was somewhat little space between the defendant's right at the time of contact with the defendant's body.

However, the surplus space was limited to the extent that adult people can understand.

Even if the defendant moves to his surplus space, it is only possible to avoid the situation of contact with D's body, and it is again different from the body of another person.