The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant is not guilty of committing an indecent act against the victim.

Considering the following circumstances, there is a lack of proof of the facts charged.

(1) A victim was in a state of masting and spreading the bombane mixed with beer and beer.

A victim made a telephone call with H around 22:24 immediately after the victim was able to commit an indecent act from the Defendant.

However, in order for the defendant to take part in the office of the victim, the hours of carbon in the taxi are about 22:37 and the hours of getting off in the taxi in the Do are about 22:51.

It is not widely understood that a victim made a call to assist almost friendly H in an imminent situation in which he/she was committed an indecent act from the defendant.

The victim's statement is not reliable.

② While H was unable to determine the state of alcohol in a normal condition, only made a statement from the injured party by telephone to the extent that he or she thought that he or she was talked.

H’s statement cannot be viewed as an objective evidence proving the facts charged.

③ The Defendant’s wife stated that, without hearing any explanation from the Defendant as to the instant case, the Defendant’s wife stated that it was not an unfolded issue to escape the victim from gathering the information from the victim’s mother. The recording recording recording recording of this conversation may not serve as evidence to prove that the Defendant’s side recognized the facts charged.

B. The punishment of the lower court is too heavy.

2. Determination

A. Examining the evidence examined in the lower court’s judgment as to the assertion of mistake of facts and the following circumstances that could be known by the witness and the witness and the witness’s statement in the appellate court, the Defendant may acknowledge the fact that the Defendant committed an indecent act against the victim as stated in the facts constituting the crime in the lower judgment.

The judgment of the court below is justified.

(1) The injured party shall be aware of the principal damage from crimes to the court, and the situation before and after damage.