A. The Defendant, under the influence of alcohol, was able to take a rail on a knife by hand, and did not commit an indecent act against the victim, such as written in the facts charged.

B. The punishment of the lower court is too heavy.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of fact, the lower court determined the Defendant’s assertion of mistake in detail in “2. Determination” under the title “2. Determination” and recognized the Defendant’s forced indecent act against the victim. In light of the records of this case, a thorough examination of the evidence duly adopted and investigated by the lower court is justifiable in its determination, and there is no error of misunderstanding of facts as alleged by the Defendant.

2) However, there is doubt that the Defendant, while under the influence of alcohol, was able to take a rail and down, did not intend to contact the victim’s bucks, but according to the victim’s statement, the Defendant’s act appears to have been considerably intended. As such, according to the victim’s statement, the victim’s investigative agency’s statement “if the Defendant’s hand, etc. was contacted with the buckbucks, it may be lost. However, the Defendant was willing to put the bucks into the bucks inside, and did so so.

Therefore, it takes the hand of the suspect out of the place, and see, "I will now leave the place of the suspect."

“The sound is frighten.”

I think it is an intentional act which is remarkably impossible to think of it.

“Such doubt is merely an abstract and conceptual suspicion beyond the scope of reasonable deliberation. B. In addition to the fact that there is no change of circumstances that may affect the sentencing in the first instance court as to the unfair argument of sentencing, and the circumstances and the conditions of sentencing indicated in the reasoning of sentencing in the lower court as well as the records, the lower court’s sentencing is not deemed unfair.

3. The defendant's appeal is dismissed.