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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant did not commit an indecent act as described in the facts charged, and the Defendant was guilty of the facts charged despite the fact that the victim was under the influence of a little breath, but did not have mental and physical loss or resistance but did not have such status, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine
In addition, even if the facts charged in the instant case are found guilty, the punishment of the lower judgment (two years of suspended sentence in August, and forty hours of sexual assault treatment lectures) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty of the instant facts charged is just and acceptable, and the Defendant’s assertion contrary to this is without merit.
A. The Defendant, immediately after committing the instant crime, “I are able to see the victim as soon as possible.”
After sending the text message “,” the victim mainly sent the text message stating that the victim’s fluencing and interference with the fluencing of the former male organ, and on the day following the commission of the crime, “The flucing of the flucing gender in glusium was unfolded.”
“The same shall apply to those under the influence of alcohol.”
In light of the ordinary meaning of words used in the conversation, and the objective contents of expression, the Defendant, at the time of committing the instant crime, actively attempted to contact at least at a level acceptable in a dynamic relationship with the victim, based on the dynamic sentiment.
Nevertheless, the Defendant was able to cause aground on the side (Evidence No. 65 of the Evidence Records). “After being aground,” the Defendant was able to cause the head of “,” and other parts than the head, other than the head.