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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty on the basis of the victim's statements without credibility despite the fact that the defendant committed an indecent act as stated in the facts charged of this case, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order, and 80 hours of attending order) on the assertion of unreasonable sentencing is too unreasonable.
2. Determination
A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court determined that the Defendant could sufficiently recognize the fact that the Defendant forcedly committed indecent acts against the victim, as recorded in the facts constituting a crime, in full view of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court under paragraph (2) of the same Article.
The above judgment of the court below is recognized as legitimate after closely comparing the records, and since the evidence submitted by the defendant in the trial alone does not affect the above judgment of the court below, it does not seem that there was an error of mistake of fact as alleged by the defendant in the judgment below.
This part of the defendant's assertion is without merit.
B. There are circumstances that may be considered in light of the circumstances, such as the Defendant’s absence of the record of punishment for the same kind of crime as the instant crime, and the degree of indecent act is not more severe, and the Defendant paid KRW 5 million to the victim in relation to the instant case.
However, the crime of this case was committed by the defendant, a female student of a high school, who was employed as a practical trainee in a company whose representative director is a representative director, at the representative director's office twice, and the nature of the crime and the circumstances of the crime are not minor, and the defendant is also at the Incheon District Court on April 1, 201.