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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which convicted the Defendant on the ground of the fact-finding that the victim’s statement consistent with the facts charged in the instant case is difficult to believe is erroneous.
B. The lower court’s decision on the assertion of unfair sentencing (one-year imprisonment, etc.) is too unreasonable.
2. Judgment (Dismissal of Defendant’s Claim)
A. In this case, the issue is whether the victim’s statement is credibility in determining the mistake of facts or misapprehension of legal principles.
The main issue of this case is whether the victim drinks a usual drinking, and what kind of speech after drinking is not the main issue.
Based on various circumstances, the lower court determined that the victim’s statement that corresponds to the facts charged in the instant case could be trusted.
① According to the evidence duly adopted and examined by the court below, in light of the circumstances acknowledged by the court below, ② the victim’s statement adopted and examined again at the court below to verify the defendant’s defense contents, the judgment of the court below is just and acceptable.
In particular, it is the following point.
1) From the investigative agency to the trial court of the case, the victim made a statement from the investigative agency without any increase or decrease in the situation at the time when the victim expressed “the defendant himself or herself,” etc. In light of the content, attitude, etc. of the victim’s statement, the victim cannot be deemed to have made a false statement, tending and making a work without the victim. 2) Even though it is not directly related to the instant case and was not at the time of the instant case, the victim made a statement in the court of the original instance and the trial court without the context of “Japanese where the defendant’s strong sexual organ was broomd.”
The trial records are 153 pages, 16 pages of the victim's trial court statement (Stenographic records 16 pages), etc. However, the following circumstances are as follows: ① the circumstance in which the defendant puts the victim with a luculation, ② the circumstance in which the defendant was unfolded with an intermediate door, ③ the defendant's luculation on a white background.