강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment.
B. The lower court’s sentence is too unreasonable because of its excessive sentencing.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, especially D's investigation agency to recognize credibility, and the statement at the court of the court below, the defendant can sufficiently recognize the fact that he committed indecent act by force against the victim as stated in the judgment of the court below.
The statement of the witness G or the evidence submitted by the defense counsel of the party shall not interfere with the acknowledgement of the facts of crime, and there is no evidence to reverse it.
The defendant's assertion of mistake is without merit.
B. The Defendant did not have any criminal records subject to punishment prior to the instant case.
However, in light of the contents and circumstances of the crime of this case, there is no special change in circumstances that can determine the punishment differently from the original judgment in the first instance.
In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.
The defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.