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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. In fact, the Defendant merely took a hand on the part of the victim F with the indication of a sense of view against the victim F, and did not force the victim to commit an indecent act by force because the victim’s hand seems to have caused the victim’s hand on the scale, and caused buckbucks by hand on hand.
Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the statement of the victim without credibility, etc., thereby misleading the facts and adversely affecting the judgment.
B. In light of the fact that the illegal criminal defendant committed the instant crime with the indication of a sense of gender in the drinking place, support the wife and two children after the death, and currently served as a company production manager, etc., the sentence of the court below that sentenced the order to complete the sexual assault treatment program for a fine of 4 million won and 40 hours is too unreasonable.
2. Determination
A. The following circumstances can be acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the victim from the investigative agency to the court of the lower court’s trial.
D, as D, E, and the Defendant drinks alcohol with D, and the Defendant, the Defendant moved his left hand to the side of his own seat and took the buckbuck as he did so.
Although the defendant tried to cut off his hand due to his displeasure, the defendant met about 5 minutes of buckbucks as he did so.
The defendant knew the mobile phone number to the principal but refused to do so, D', if you give special and distinct consent to how much it would do so.
The principal stated that he “to file a complaint against the Defendant in sexual indecent conduct,” and the Defendant’s “I am or sexual indecent conduct.”
Chewing year, she reported to the police by themselves, while being called "the same year as a Chewing year."
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