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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
Reasons
Summary of Grounds for Appeal
There was no fact that the Defendant had the sexual organ of the victim, but there was no fact that the Defendant was entering the back part of the clothes of the victim, and went to the back part of the back part of the victim. In the process, it was followed that the victim's panty was led to the victim, and therefore, there was a fact that the Defendant was playing together with the son, who had shown the victim's panty pattern as well as the son who had shown the victim's panty pattern.
A mentally ill-minded defendant committed the instant crime under the lack of the ability to discern things or make decisions due to a dynamic disorder and non-socialized behavior disorder.
The punishment sentenced by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
Judgment
In the judgment of the court below on the assertion of mistake of facts, the defendant argued that the defendant did not have the victim's sexual organ and there was only the enemy who made a decision on the victim's sexual organ, and the court below stated the defendant's behavior in detail under the title "the judgment on the defendant's and his defense counsel's argument" in 3 through 4 of the judgment. The court below held that the defendant could sufficiently recognize the facts that the defendant committed an indecent act by force by force. The court below is acknowledged as follows by the evidence duly adopted and investigated by the court below: (i) at the time of video recording statement, the victim made a statement that the defendant's sexual organ was limited to the victim's sexual organ with his hand by inserting kbbbbbbbbbbbbbbbbbbbbs, without actually experienced the victim, in light of the contents of the behavior, it is difficult for the victim to make a concrete statement by expressing the defendant's behavior.