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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, in the absence of the fact that the Defendant, as stated in the facts charged, misunderstanding of facts or misapprehension of legal principles, did not contain a hand by inserting her hand under the left part of the part of the victim's left part, as stated in the facts charged.
B. The Defendant was in a state of mental and physical loss under the influence of alcohol at the time of committing the instant crime.
(c)
The punishment sentenced by the court below which is unfair in sentencing (3 million won) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant may fully recognize the fact that the Defendant placed his hand on the left left part of the victim’s reflect, as stated in the facts charged, by inserting her hand on the left part.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and thus, the above assertion by the
① In a case where a witness’s statement, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem the credibility of the statement objectively deemed objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim, from an investigative agency to the court below, made a consistent statement on the facts of damage, the process of the case, and the situation before and after the victim’s statement, etc., to the extent that it is difficult for the victim to make a statement without experience, and there is no other circumstance to suspect the credibility of the victim’s statement.
② East E, which was a witness of a crime in the victim’s side at the time of the instant case, is the court below’s decision.