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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. In fact, the Defendant did not have any physical contact with the victim D, and there was a physical contact with C’s seat distance narrower.
Even an indecent act is not intentionally committed.
Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the grounds of the statement of the victim D without credibility, etc., thereby misunderstanding the facts and affecting the conclusion of the judgment.
B. The defendant's first thought that the defendant was actually able to report the fact that the degree of improper indecent act in sentencing is minor, and that the injured person asked whether or not the injured person's crew report.
In light of the fact that it was reported on the ground that the defendant had intentionally committed an indecent act after being sentenced to a fine for violation of the Road Traffic Act, the defendant has no record of criminal punishment, and the amount of KRW 1,000,000 per month as security guards are living with revenue of KRW 1,00,000 per month, etc., the sentence of the court below that issued the order to complete the sexual assault treatment program for 3,00,000 won and 40 hours is too unreasonable.
2. Determination
A. In full view of the following circumstances found by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court is justifiable to have found the Defendant guilty of committing an indecent act against the victim as stated in the facts charged. In so doing, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.
① The victim, from the investigative agency to the court of the court below, was able to find the Defendant her left side bucks and tacks with the Defendant’s left side bucks and tacks. The Defendant, at the time of a few minutes, was able to come up with the window in order to avoid physical contact with the Defendant on his hand. At the time of a few minutes, the Defendant gets her hand on the left side bucks and spucks and spucks under the bottom of the bucks.