A. Although the Defendant did not make a victim’s indecent act by compulsion and did not have any causal relationship with the victim’s injury, the lower court convicted the Defendant of the instant facts charged by mistake.

B. The sentence imposed by the prosecutor (two years and six months of imprisonment, three years of suspended execution, etc.) is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, F, and G had been present at the scene at the time of the victim E, and F, from the investigative agency to the court of the court of the court below, they clearly and specifically stated the situation at the time and before and after the time of the crime that “the Defendant was flicking the victim’s left chest on the date of the crime in the judgment of the court below, and thereby, the victim went back to D with the police investigation, and the victim went back to D, and was receiving treatment by going to the emergency room at the time of the police investigation,” and there was no circumstance to deny the credibility of such statement.

Even in accordance with the recording (57 pages of the investigation record), even if the Defendant recorded the recording, it is written that “(one’s own name is written) where the victim had talked with the Defendant, from 1 to 200, the victim’s injury diagnosis report (35 pages of the investigation record) and the medical record of the emergency room (37 pages of the investigation record)” is written as follows: “The victim visited the emergency room without external shock during his fighting.” According to the evidence duly adopted and examined by the court below, it is sufficiently recognized that the Defendant suffered injury by indecent act by force as stated in the facts charged in the instant case.

Therefore, the defendant's assertion is without merit.

B. As to the prosecutor’s assertion of unreasonable sentencing, the instant crime is conducted by the inspection where the Defendant had stayed for one-time.