Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act by compulsion against the victim K as stated in the lower judgment.
B. The sentence of the lower court’s unreasonable sentencing (six months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the court below's duly adopted and examined evidence, namely, the victim stated at the police house of the defendant that he committed indecent act by force against the victim as shown in the facts charged. The victim's statement is reliable because it describes the part where it is difficult to express the victim's opinion in a consistent and detailed manner at the time of the crime, if he did not directly experience about the contents of the defendant's statement, the form of indecent act by force, the attitude of the victim's attitude, etc. at the time of the crime. The defendant asserts that there is no fact that the victim was committed in the defendant's house at the time of the instant case. However, the victim reported the police to the police, and notified the police of the police as the defendant's residence, and the victim was aware of the structure or article inside the defendant's residence, etc., the above argument of the defendant cannot be believed (the defendant stated that the police investigation does not inform the victim of his domicile at the time of the police investigation).
Therefore, the defendant's above assertion is without merit.
B. The nature of each of the crimes in this case’s case’s assertion of unfair sentencing is not somewhat weak, the Defendant’s conviction records, including the criminal records on violent crimes, have several criminal records, and the motive and background leading the Defendant to the instant crime, the circumstances after the instant crime, and other records, such as the Defendant’s age, character and conduct, and environment.