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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in this part of the facts charged, did not have the fact that the chest of the victim D was knife by hand.
However, the lower court found the Defendant guilty on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court’s unfair sentencing (the imprisonment of 6 months and 40 hours and the order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts (involuntary indecent act), the lower court also asserted the same as the grounds for appeal.
In light of the following facts and circumstances acknowledged by the court below's duly adopted and investigated evidence, the court below held that the defendant was fully aware of the fact that the defendant committed an indecent act against the victim's will by deceiving the victim's chest as his hand.
In light of this, the defendant was convicted of this part of the facts charged.
A) The victim has consistently stated in an investigative agency and the court below’s court on the following grounds: (a) the victim’s indecent act by the Defendant, details of damage, response to the victim, and the circumstances leading the Defendant to the instant crime; and (b) there was no reason to make the victim’s false statement in the above statement with the intent to put the Defendant at risk of criminal punishment even when the victim took charge of the punishment for perjury; and (c) there was no reason to make the victim’s false statement
볼 만한 사정이 전혀 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도 등을 더하여 보면, 피해자의 진술은 신빙성이 있다고
Therefore, although the victim is unable to clearly memory and consistently state the situation before and after the crime in this case, the victim is at least the core part of the indecent act committed by the defendant from the investigative agency to the court below.