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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant does not have committed indecent act by compulsion of the victim as stated in the facts charged in the instant case.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (three million won of fine) is too unreasonable.
2. Determination
A. It is true that the judgment of the court below on the assertion of mistake is recognized as follows based on various evidences duly admitted and investigated by the court below. ① The victim D consistently made a concrete statement from the investigation agency to the investigation agency about the defendant during the process from the process of committing an indecent act such as the facts charged to the court below to the arrest of the defendant by the police officer after the indecent act; ② The victim and male-gu et al. found the defendant in the PC to the fact of indecent act by indecent act; ② The victim reported 112 to the effect that the defendant was killed due to indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the victim; ③ The victim's male-friendly Gu immediately after the victim reported the defendant 112 as the charge of indecent act by indecent act by indecent act by indecent act by indecent act by the defendant; ③ The victim's 2nd before and during the process of committing an indecent act by the defendant, "I am am frier, I me, and I am soon before the victim.