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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal principles or misapprehending the legal principles, even though the Defendant was not forced to act by mistake of facts or by misapprehending the legal principles.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and the registration of personal information) is too heavy.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the victim argued that “The Defendant was able to take a taxi while under the influence of alcohol and spread the tent onto the face, rhing the right arms, and rhing the breast at the right side.”
In order to avoid any reaction, “such gue such as illness, guegue, guegue,” did not seem to have any reaction.
The phrase “spits or spits the right face in many places later than once in hand,” and the situation at the time of committing the crime is considerably detailed, and the victim spits or spits the ear of the victim who was seated on the back seat of the taxi operated by the victim, and sits into the back seat, spared, spared, kniffed into the right side, and knife the body with the driver’s seat coming into the right side, and spared with the driver’s seat coming into the right side. In full view of the on-site photographs, etc. taken in front of the taxi, the defendant forcedly committed an indecent act in line with the right side of the victim, and committed an indecent act by the victim.
Therefore, the judgment of the court below which recognized the establishment of the crime of coercion by the defendant is just, and there is no error of misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment, and
B. There is no change in the sentencing conditions compared with the original judgment, as the new sentencing data has not been submitted at the trial of the lower court on the unfair argument of sentencing. The content of the instant crime, the background of the instant case, and the relevant case.