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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of misunderstanding the facts, committed a bodily contact with the victim by intentionally bringing the victim's hand into the Defendant's sexual organ, or making the victim's face hand, etc. However, the judgment of the court below which found the Defendant guilty of the remaining facts charged in this case, which is doubtful of credibility, is erroneous in the misapprehension of facts that affected the conclusion of the judgment.
B. Unless there is an unreasonable sentencing order, given that the Defendant is an initial offender who has no record of crime, etc., the lower court’s imprisonment (ten months of imprisonment, two years of suspended execution, community service, 270 hours in community service, 40 hours in attending sexual assault treatment lectures, and 3 years of employment restriction such as children and juveniles-related institutions) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. In a case where the statements made by the victim of the relevant legal doctrine are generally consistent and consistent with the facts charged, they shall not be rejected without permission, unless there exist any separate and reliable data to deem the credibility of the statements objectively deemed objectively, and the victim’s statements are somewhat inconsistent with the statements on other minor matters in major parts, etc. (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008).
Judgment
In addition to the following circumstances known by the evidence duly admitted and investigated by the court below, the victim's statement can be recognized as credibility, while the defendant's defense counsel is hard to believe as it is, and the judgment below which found the defendant guilty of the facts charged of this case based on the evidence of the victim's statement, etc. is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.
1. The victim shall take the original trial from the investigative agency to the original trial.