Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the time and place stated in Paragraph (1) of the judgment of the court below, the defendant, although there was a fact that the victim was scambling from the defense vehicle to 4-5, and there was no fact that the victim was scambling, and the body of the victim was scambling, and there was no fact that the victim committed indecent act as stated in Paragraph 2 of the judgment of the court below.
Nevertheless, the court below found all of the charges of this case guilty on the basis of the victim's statement that is not reliable. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. Even if the facts charged in the instant case on the grounds of unfair sentencing are found guilty, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.
2. Determination
A. 1) With regard to the assertion of mistake of facts, the victim’s statement (a) is credibility of the victim’s statement (a) 1) sees the victim’s statement that the Defendant and the victim are not able to take a bath against the ordinary victim, and finds it difficult for the victim to take the Defendant and the victim’s husband on the day of the instant case, with the victim’s husband I, to enter a room with the Defendant, L, and 2 persons who are in the latter part of L and head.
② After that, the victim was aware that I was trying to return home, while having known that I had the Defendant’s wife H, and tried to return home to the said Fjux together with H.
③ H entered the Fju point, “L is” and “L is”, and L was her to come out of the room between the Defendant and the talking with her talks while she talked about a bend, her seat, and her talk.
At that time, the defendant got out of the play, the head of the victim was flick, and the victim was pushed down with the ground floor.
④ The Defendant had a shouldered disease in the victim’s items, and called “here” to the victim, and was faced with beer’s face, and the eyebrow of the victim.