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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act like the facts charged.
B. The sentence of the lower court’s unreasonable sentencing (two months of imprisonment, two years of suspended execution, forty hours of sexual assault treatment lectures, and 80 hours of community service) is too heavy.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, considering the following, the fact that the Defendant committed an indecent act against the victim was sufficiently proven as stated in the lower judgment.
This part of the defendant's assertion is without merit.
1) The statements made between the victim and I in the circumstances after the indecent act at the time of and after the indecent act is consistent in a specific and important part. In particular, the victim and I have confirmed the face of the offender immediately after the commission of the crime and have taken the cellular phone, and then are waiting to leave the offender during the front of the calculation stand, and the defendant was identified as the offender. In addition, when taking photographs taken by closed-circuit television images or cell phone pictures at the time, the offender's appearance is considerably similar to the defendant. 2) On the contrary, the defendant made efforts to take soup at the time of making soup, such as moving back the her mother and her, using another person's eye and using another person's eye, etc., and the victim and I are waiting to leave the scene of the crime on the ground that there were water purifiers immediately next to the victim, who was waiting to leave the scene due to the occurrence and surveillance of the crime.
B. As to the assertion of unfair sentencing, the primary offender is the defendant's sentencing factors favorable to the defendant, as the university students of the 20th first half of the year.
However, the defendant denies the crime and does not reflect it until the trial.