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Defendant
In addition, all appeals filed by a person subject to probation order and a prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person requesting a probation order (hereinafter “Defendant”) did not commit an indecent act by force against the victim as stated in the lower judgment by mistake of facts. 2) The lower court’s sentence of unfair sentencing (one year and six years of imprisonment) is too unreasonable.
B. Prosecutor 1) The lower court dismissed the Defendant’s request for probation order of this case, despite the risk of repeating a crime, because the lower court’s sentence is too uneasible and unreasonable.
2. Determination
A. In light of the following circumstances (a) acknowledged by the evidence duly examined by the lower court, the lower court consistently stated that the victim C’s statement that corresponds to the facts charged in the instant case has credibility, and accordingly, the Defendant had a negative opinion with the victim’s chest as stated in the reasoning of the lower court. (a) The victim was under the influence of the Defendant at the investigative agency, and the victim was under the influence of alcohol in the room where TV was located. The Defendant was under the influence of drinking. The Defendant was under the influence of drinking. The Defendant was under the influence of drinking. The Defendant was still under the influence of drinking. The Defendant was under the influence of drinking. The Defendant was under the influence of panty.
게다가 “피고인이 만지고 멀리 갔다. 피고인이 ‘계속할 거야’라거나 ‘이제 안한다’고 했다.”는 취지로 당시 피고인의 말과 행동은 물론 “슬펐다. 부끄러웠다.” 등 당시 피해자의 상황과 감정 등에 관해서도 일관되게 진술하였다.
However, there are parts that the defendant did not answer or are not consistent with the time and date of the exhaustion, but it can be accepted to a certain extent considering the fact that the victim has a mental disorder of the third degree of intellectual disability and has age.
B) At the house of H, the victim is a disabled child who attends the same school, F (H’s mother will return to the house of the defendant under the influence of alcohol.