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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) is that the defendant does not have any hosity to the ordinary victim, and the victim is merely the defendant's company's fee.
At the time of the instant case, the Defendant and the victim got out of the night, and the Defendant was in a female resting room at the victim’s request. At the victim’s request, the victim reported a cell phone while smoking tobacco at that place.
The above women's resting room shall also be taken in the exchange.
In addition, even after the occurrence of the instant case, the victim was easy to leave the said female resting room on September 2017, if there is a break time to leave the room.
In full view of the situation at the time of the instant case, the relationship between the Defendant and the victim, and the circumstances after the instant case, even though it is apparent that the Defendant did not commit the same crime as the facts charged against the victim, the lower court convicted the Defendant of the facts charged in the instant case, which affected the conclusion of the
2. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged, and comprehensively taking account of each evidence adopted by the court below and the following circumstantial facts, the facts charged in this case against the defendant is sufficiently proven to the extent that there is no reasonable doubt, and the defendant's allegation of mistake of facts is without merit.
① The victim, who had been under investigation by the investigative agency to the court of the court below, had been in mind at the break time during the night, through the Kakao Stockholm message, and had the Defendant talked with the female rest room while talking with him.
At first, the defendant, who was based on the above proposal of the victim, entered the above women's rest room later and talked with each other by communicating each other with the victim's cell phone, he was in the behavior to put the two arms of the victim's will.