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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The place where the misunderstanding of facts occurred was very narrow road, and the Defendant, under the influence of alcohol, was in a narrow distance and was physically contacted with the victim, and there was no indecent act by force against the victim.
B. At the time of committing the instant crime, the Defendant, who was mentally and physically weak, had the ability to discern drinking things or make decisions.
(c)
The punishment of the court below (the imprisonment of six months, the suspension of execution of two years, the order to attend a lecture 40 hours, and the community service order 80 hours) is too unreasonable.
2. Determination
A. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court’s determination on the assertion that the Defendant committed an indecent act by force, as shown in the facts charged, can be acknowledged without reasonable doubt.
I considered it.
A) In an investigative agency and this court, the victim consistently stated that “at the front left door of the room stated in the facts charged,” and consistently stated that “the Defendant was her tboard.” The victim’s statements are contradictory or false. There is no circumstance that the victim’s statements are contradictory or false.
The Defendant alleged that the injured party was not able to accurately memory whether the injured party was the Defendant’s her left hand, and that the statement was not reliable. However, the injured party made a concrete and consistent statement about the important part, and it cannot be deemed that the credibility of the entire statement is nonexistent on the ground that the injured party was unable to specifically memory on the shot part.
B) The victim stated in the investigative agency and this court that “the Defendant was her her son and her son while leaving his son and her son her son her son and son her son her son her son her son her son her son her son her son her son her son her son her son her son her son her son her