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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the fact-finding indecent act compelling the mistake of fact, the Defendant’s hand on the part of the Defendant, who was the victim who was on the side of the Defendant, was her seated and her her her am her am in contact with the victim’s her am. However, there is no fact that the Defendant intentionally her am, her am, and her am, and her chest was her chest.
In addition, with regard to the point of injury, the defendant was the victim himself.
하면서 따지기에 ‘ 니 입 좀 그만 놀려 라’ 고 하며 피해자의 입 근처를 손가락으로 밀친 사실은 있으나, 피해자의 빰을 때려 상해를 가한 사실은 없다.
However, the lower court found the Defendant guilty on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court’s unfair sentencing (the imprisonment of 6 months and 40 hours and the order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court, i.e., ① the victim committed an indecent act against the victim and inflicted an injury on several occasions from the investigative agency to the court of the lower court and the court of the first instance, and ② the victim’s legal statement on some facts, such as the number of times corresponding to the instant facts, is somewhat different from the statement made by the investigative agency. However, this is deemed to be due to the fact that the victim memorys only the big and increased part of the experience at the time after a considerable period of time from the date of the instant crime. ③ The victim’s witness L, which is the workplace of the defendant, at the time of singing, is confined to the body of the victim.