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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
(a) Fact-misunderstanding: the lower court did not commit a crime of forced indecent conduct, assault, or special bodily injury in 2016 group 729;
B. Sentencing: The punishment of the lower court (the imprisonment of three years, the completion of the sexual assault treatment program for forty hours, and the number of evidence Nos. 1 to 4) is too unreasonable.
2. Determination
A. The part 1 of the misunderstanding of facts) The Defendant was informed of the victim and her husband while drinking alcohol with the victim at the victim’s place, and continued to drink alcohol again after drinking in the toilet. The victim, on the part of the victim, her own, took a drinking face by saying, “I am frightening sexual indecent act,” and she was forced to do so, and did not interfere with the indecent act, assault, and special injury.
c) a change;
2) The victim made a statement at the police twice at the court of the court below on one occasion, and the summary of the statement is as follows: “The defendant wishes to take a toilet while drinking together with his or her low-income couple.”
On the other hand, the purport of the above is that the sounder took the key of the toilet and went to the toilet along with it, and that he tried to have his house in front of the toilet and fit himself, put his hand into the room in which he saw his house, went back to the room in which he did drinking, went out of the room in order to prevent his escape, and continued to go out of the room in order to prevent his escape, and then, he continued to go out of the room in that process.
3) The main part of the victim’s statement is consistent in light of the empirical rule, and there is no unreasonable or contradictory part in the victim’s statement itself in light of the victim’s statement, and the victim was first aware of the Defendant who sold adult goods, and the motive or reason to make the Defendant’s unfavorable statement was not clearly revealed. On the other hand, the situation in which the Defendant asserted was made by the Defendant was infinitely nature (the victim was forced to commit an indecent act by himself).
It is not easy to understand that the defendant's face was taken.