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The defendant's appeal is dismissed.
Of the litigation costs of the court below, the appraisal of the costs of the witness and the litigation costs of the court.
Reasons
1. Summary of grounds for appeal;
A. Since it is not clear whether the Defendant was her her butt of the victim, the Defendant’s indecent act by force was committed by the victim.
shall not be deemed to exist.
B. The punishment of the lower court is too heavy.
2. Determination
A. 1) According to the evidence adopted and examined by the lower court and the first instance court, the Defendant’s indecent act against the victim as stated in the facts charged is sufficiently recognized.
2) The written reply to the written appraisal by the National Institute of Scientific Investigation to the effect that “it is difficult to determine whether the victim’s body part was nearby the victim due to the low sea level of image and the limitation of marry, etc.,” or that the victim made a consistent statement to the effect that “the victim, from the investigative agency to the court of the court of the court below, was sworn,” and “the victim was shot,” and that “the victim was shot,” it can be recognized that the Defendant was her her her her her her her her her her her her her her her her her her her her her her her her her herb
3) In addition, considering the content of the victim’s statement, the victim who could not directly see the Defendant’s act that he/she was satched, and thus could not be ruled out the possibility of misunderstanding the Defendant’s act, i.e., did not immediately resist the Defendant. However, even if there was sufficient space, he/she waitings for the elevator with his/her equipment attached to the degree that it is unnecessary for him/her to follow, and he/she was aware that he/she caused a considerable sexual humiliation and aversion with regard to the Defendant’s act that has satched up his/her her her mack, thereby resulting in considerable sexual humiliation
B. The lower court’s sentencing is deemed unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record as to the unfair argument of sentencing.