Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts was removed from the victim's clothes, and he did not commit an indecent act, such as talking with the victim's her her butt.
B. The sentence imposed by the lower court (2 million won of fine and 16 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly admitted and investigated by the lower court, the instant facts charged can be fully recognized.
1) The victim consistently stated in the facts charged from the investigative agency to the trial of the party in question that the victim suffered sexual humiliation by his/her her son. 2) In light of the following circumstances, the victim reported the Defendant to the police immediately after the instant crime, and the Defendant was arrested as a flagrant offender. The victim and the Defendant did not know at all before the instant crime, and there was no special motive or reason to gather the Defendant, the credibility of the victim’s statement can be acknowledged.
3) At the time of the instant crime, the victim stated that there was no room that the victim was removed by stating that he was only one time for the victim at the time when the Defendant committed the instant crime. At the time, the victim was suffering knee kne kne kne kne kne kne kne kne, and the victim stated at the investigative agency that “I am knee kne kne kne kne kne kne. kn't kn't kn't kn't kn't.” In light of the circumstances, the victim’s assertion appears to have been difficult to receive the above kn't kn't kn't kn't kn't kn't kn't kn't.