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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant intentionally committed an indecent act by compulsion, there was no fact that “the victim’s growth and the part of the symhy as seen rhythm,” the lower court found the Defendant guilty of the crime of indecent act by compulsion.
B. The sentence of imprisonment (four months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can find the fact that the victim E (the age of 19), when the victim E (the age of 19), was able to take the head in the direction of the victim's growth in the police investigation, male-gu and soup, and soup, the defendant was able to find out the birth of the victim as a hand, continued to have the victim's sensia, and the victim's pasia was siad in the direction of the
As above, in full view of the fact that the victim's statement about the defendant's crime is specific, and the victim's false statement is not found or there is no reason to make a false statement, it can be recognized that the defendant was able to use the victim's name and the part of the arche in hand and rhy as his hand. Thus, the defendant's assertion
B. As to the assertion of unfair sentencing, the Defendant has no record of punishment for the same crime, and the extent of indecent act is relatively minor is favorable to the Defendant.
However, the crime of this case is an indecent act committed by the Defendant at a soup room, and the nature of the crime is inferior, and the Defendant has a record of criminal punishment over several times, as well as the fact that the Defendant committed the crime of this case during the period of repeated crime is disadvantageous to the Defendant.
The above factors of sentencing and the scope of the recommended sentencing guidelines set by the Supreme Court's Sentencing Committee [sex crime-general standards-Indecent act by compulsion (subject to 13 years of age or older)-general indecent act by compulsion: the mitigated area (one month or one year of imprisonment)] and the defendant's age.