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The defendant's appeal is dismissed.
In the judgment of the court below, "the defendant is demoted to sexual assault treatment for 80 hours".
Reasons
1. The summary of reasons for appeal is that the defendant is not subject to compulsory indecent act against the victim.
2. Determination
A. The lower court also asserted that the grounds for appeal and the same purport are similar thereto, and the lower court rejected the foregoing argument on the following grounds, and found the Defendant guilty of the instant facts charged.
(1) A victim’s statement is specific, consistent and natural to the extent that it is difficult to accept without experience from an investigative agency to the court of the court below’s trial; the victim’s false assertion or the victim’s false reasoning exists; and the victim was in the same confinement room.
E In addition, the investigative agency and the court below have appealed from the fact of damage.
In light of the statement, it is reliable to the statement of the victim.
② At the time of the instant case, the Defendant was not in a situation in which the Defendant was unable to commit an indecent act against the victim because other confinements took place. Since many people were confined in the confinement room at the time, the Defendant was able to mislead the victim into committing an indecent act against the Defendant’s body.
However, if it was difficult to find the body almost attached, the Defendant was able to commit an indecent act against the victim without being suspected of other prisoners.
According to the statement of the victim, the injured person was aware that he commits an indecent act against the defendant's body naturally.
shall not be deemed to exist.
B. The above circumstances acknowledged by the court below and the following circumstances acknowledged by the records of this case, namely, the defendant asserts that the victim made a false statement for the purpose of sending the defendant to another room by refusing to do so. However, if the victim had already been confined in another prison and filed a complaint against the defendant, the above judgment of the court below is just.