Text
The defendant's appeal is dismissed.
Reasons
1. Summary of reasons for appeal - Fact misunderstanding and improper sentencing
A. The court below found the defendant guilty on the basis of the victim's statement although the victim's statement, which is a critical evidence that corresponds to the fact that the defendant's mistake of fact forced the victim to commit an indecent act.
B. Even if the sentencing is found to be guilty against the defendant, the sentence of the court below (the punishment amounting to five million won, the order to complete a sexual assault treatment program 40 hours) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error of law in finding the facts erroneous.
1) As evidence consistent with the facts charged, the victim’s statement has been made and the record is recorded as core evidence for the interest on the support thereof. As seen below, the contents of inducing the defendant to commit an indecent act against the victim at a recording book are repeated. The victim’s statement was sought to prevent him/her from doing so.
The defendant kis, the defendant kis, the victim: Z skis, the victim: Z kis, and the defendant kis kis.
The victim did so in a kids. The victim did not have a kis.
Victim: A victim who is as soon under his or her or her or her kis, who is not a defendant;
A. (Basc.) The victim is kisk, kisk, kisk below, and the defendant was kisk.
( 중략) 피해자: 아니, 그러니까 왜 그러신 거냐고 여쭤 보죠.
dysia Tropia
Escopic : Not, Zcopic Escopic arba.
(b) Defendant: (a) the Z, the Z, the surface of which would not be left.
It should have been fluenced.
Victim: Victim’s speech not to be made;
899 10 10
Defendant: At any time, he/she should have known.
C. We do not leave our country, and (comfore) the defendant is true.
In other words, they have come so far, the second, and the drinking.