The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal [the fact-finding - the point of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place)] is that the Defendant fry the drinking on the day of the instant case, fry soup so that the Defendant frys the drinking on the day of the instant case, frying it to such a room as seems to have been damaged by the drilling, and fry again dys the lock

It was not known at all as to who is on the side of the job.

It is not clear whether there was a physical contact as stated in the facts charged, and because he was locked, there was no intention to commit an indecent act.

2. Determination

A. On January 18, 2015, the Defendant, around 06:45, committed an indecent act against the victim in a place where the general public is concentrated, by taking out the body of the victim D(the age of 23) on the side of the victim D(the age of 23). The summary of the facts charged was as follows: (a) in a soup and so on; (b) in a soup and so on, the Defendant took the body of the victim; and (c) in a place where the victim’s bridge was populated; and (d) in a place where the general public is concentrated.

B. The lower court found the Defendant guilty on the charges based on the evidence submitted by the Prosecutor.

C. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence examined by the appellate court, the fact that the Defendant and D’s bridge have contacted with each other is recognized, but it is difficult to say that the Defendant had committed such act with intent to commit an indecent act.

① From 05:40 to 06:45 on the day of the instant case, the Defendant seems to have come to the right side of D on the left side of D.

D At the soup of the day of the instant case, the male-friendly H was fryed with the male-gu H on the day of the instant case, and around 05:40, the locked was covered by the string, and then locked again. At that time, it was said that no one existed on the side at that time.

However, in light of the closed-circuit video (CCTV, hereinafter “closed-circuit video”) taken soup, the defendant seems to have taken the right side of the D when lighting was turned on at around 06:45:48.