beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. The Defendant, on the day of the instant case, committed an indecent act by intentionally dividing the victim’s chest into his/her hands, and forcedly committing an indecent act by force, even though the Defendant was in contact with the Defendant’s hand on the part of the victim’s chest while his/her clothes and clothes are pushed down in the process of suppressing and drinking the victim’s body.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of forced indecent act among the facts charged in the instant case.
B. The judgment of the court below that sentenced the defendant to a suspended sentence of 2 years, the lecture for sexual assault treatment for 40 hours, and the community service order for 80 hours in 10 months is too unreasonable.
2. Determination
A. The defendant and the defense counsel in the judgment of the court below as to the assertion of mistake of facts also had a contact with the defendant's grandchildren on the victim's chest, as alleged in the grounds of appeal, but there was no intention of forced indecent act.
The court below asserted that ① the victim made a statement from the investigative agency to the court of the court below to the effect that “the victim committed an indecent act by taking part of the victim’s upper part and the brue while the victim was faced with his chests without the victim’s consent.” The victim made a statement to the effect that “the victim committed an indecent act by taking part of the victim’s upper part and the brue part of the breast part at the victim’s chests when the chest was exposed to the victim’s chests.” The contents of the statement are specific and consistent and reliable; ② The defendant also made a statement at the time of the investigation by the prosecutor that “the victim was faced with the victim’s chests while the victim was faced with the victim’s fingers.” The victim’s chest part of the victim’s chest part was divided into two to three times at the moment of the first instance court, and ③ the victim’s record was recorded on March 1, 2016 with her husband.