Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts) lies in the fact that the Defendant was on the floor of the shot tree, such as the facts charged, but the Defendant did not take a bath for the victim or assault the victim.
2. The following circumstances, i.e., the evidence duly adopted and examined by the lower court, which are: ① the victim C was consistently damaged by the Defendant from the police to the court of the lower court.
The defendant, who has made a simple statement and seems to be difficult to do so without direct experience, has made a statement by specifically memorying the behavior, surrounding circumstances, etc. at the time, and has credibility in such statement.
It is judged that the victim's husband D also directly used the police and the defendant's assaulting the victim in the court of original trial.
On the other hand, if each of the above evidences, such as the victim's photograph and the victim's diagnosis report, are presented in line with the victim's statement, it is found guilty of the facts charged of this case, and the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.