beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal by the defendant: Error of facts (the defendant, at the time of the hospital, only reaches the victim's side knife two knife by hand in order to explain the victim's side knife in order to explain the victim's side knife at the time, and there was no intention or indecent act planned) and unfair sentencing
2. Determination on the grounds for appeal
A. As to the mistake of facts, in light of the victim’s investigation agency and the court below’s statement on May 21, 2014, following the occurrence of the instant case, the victim stated that the Defendant, the victim, and the third parties, such as the victim, and the head of the D Hospital team F, “her amb,” who was the victim in the D hospital, had two times the Defendant met “her amb,” which is not his amb, in his amb, in the conversation between the Defendant and the victim, and the victim, and the third parties, etc., at the same time, immediately after the occurrence of the instant case, the victim made a consistent statement to the court below that “The Defendant asked the victim, who was the victim, who was the victim in the D hospital, was the victim, to be “hamd,” who was the victim’s amb, while her ambane.”
Although the victim made a statement in the court of the court below that he did not correct some of the statements in detail or that he did not suppress them, this is derived from the failure to accurately memory the circumstances at the time due to the lapse of time, and the summary of the above statement is consistently maintained with respect to the circumstances at the time of indecent act. As such, the victim’s statement cannot be viewed as grounds to deny the credibility of the victim’s statement by emphasizing only some differences in the contents of the statement in court.
(B) On the other hand, the Defendant had been in a hospital due to the pains of the Mali-ri father or the Mali-ri, and there is a change to the effect that the Defendant stated that “on the left side hurri-ri,” also the victim “hurri-ri.”
However, even if the contents of the “certificate of compulsory records” submitted by the Defendant to the trial court are followed, the Defendant is raised in 2006, prior to the instant crime.