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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although the defendant did not commit an indecent act against the victim, the court below convicted the defendant by misunderstanding the facts, which affected the conclusion of the judgment.
The punishment (fine 2 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination that the Defendant committed an indecent act against the victim is justifiable, and thus, this part of the Defendant’s assertion is rejected.
The victim stated at the police that the defendant continued to set the sexual flag toward the victim and left the victim's body, and at that time, the victim made a false statement that the defendant saw that the victim saw that she was bucks down to the buck area at the time of the instant case, and that when the victim reported the fact to the police, the victim made a false statement that the victim was able to use the victim's bucks to the right side from the port to the right side, and the defendant made a false statement to the effect that the victim's bucks were suck off to the right side, not from the floor of hand.
It is difficult to find any material that can be seen as having made a statement with or without prejudice.
According to the images taken by the CCTV installed by the defendant on board the bus, it is confirmed that the victim first boarded and was seated in the bus, and even though there were many other seats for the defendant, he was seated in the side of the victim.
The Defendant stated that the Defendant continued to see that he was a driver from the first bus to the point of time, and that he was a driver, and that he was a driver, and that he continued to see that he was a driver, and that he was a driver, the Defendant was a driver, and that he was a driver, and the prosecution passed about 5 minutes of the bus.