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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts stated that he saw the victim's pathm in his hands and told "do not too short," but did not commit an indecent act by putting the victim's pathm on the part of the defendant. Thus, the judgment of the court below which convicted the defendant of the facts charged is erroneous in matters of mistake of facts.
B. In light of the circumstances on the defendant's unfair sentencing, the sentence imposed by the court below (5 million won of fine) is too unreasonable.
2. Determination
A. The summary of the facts charged is misunderstanding of facts 1) The Defendant: (a) committed an indecent act against the victim, who was aware of through the Internet site, on the top of the passenger car operation of the victim C (hereinafter referred to as 18 years old), and parked a car at the entrance of the commercial parking lot; and (b) committed an indecent act against the victim, who was a juvenile by means of raising the victim’s body by hand, with the victim’s hand. (c) The lower court determined that: (a) the victim was consistently and specifically stated in the investigation agency and the lower court as to the circumstances under which the victim was damaged by the victim; (b) the victim first asked the victim to be on his own car while carrying the victim on his car; (c) the Defendant also made a statement consistent with the victim’s statement before and after the crime; and (d) the police investigation, “The victim, who was a high school student, made a short statement to the police station that he was guilty of the credibility of the Defendant’s statement as follows.”
According to the evidence duly admitted and examined by the court below, the factual relations as determined by the court below.