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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A. According to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the facts that he committed an indecent act against the victim, so the above argument by the defendant is without merit.
① The victim and his/her behavior were getting out of stairs to enter the C dan in the first floor above the ground, and the Defendant was going to go through and going out of the said dan, but the Defendant’s hand was able to resist the victim’s body from the lower part below to the lower part, and set up the Defendant.
② The victim, immediately after the instant case, drafted a written statement stating “Any male was cut off from the mast to the her chest” (Evidence No. 13 pages), and the police stated, “The male who imprisoned the lower part from the lower part to the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the case.”
(Evidence Nos. 36, 37 pages). The victim stated in the court below that “The victim juth juth juth juth just just just just just just just just just just just just just just just just just just just just just just just just just just just just just just just just just
In full view of the above statements, the victim consistently stated that the Defendant was only in a way that he was able to use the victim’s body from the lower part of the body to the lower part of the body.
In addition, there is a difference in the statement as to whether or not the breast side was fluored and whether the upper part was fluored or the upper part was fluored, or whether the upper part was fluored.