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The defendant's appeal is dismissed.
Reasons
1. Judgment on the Defendant’s assertion of mistake of facts
A. The victim’s statement is not consistent, and the defendant has no credibility, and the defendant consistently committed an indecent act with the center of the bicycle, but did not intend to commit an indecent act on the victim’s chest.
The judgment of the court below which admitted the intention of indecent act by force, is erroneous in the misapprehension of facts, even though the CCTV images which denied the crime of this case and the scene of the crime were taken do not have the image of committing an indecent act against the victim and there is no other evidence supporting the victim's statement.
B. There is no new objective reason to affect the formation of documentary evidence in the appellate trial’s trial process, and in the absence of reasonable grounds to deem that the determination of documentary evidence of the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the contrary to logical and empirical rules, the judgment on the acknowledgement of facts in the first instance shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no new objective reason that may affect the formation of documentary evidence in the trial process of this court.
In addition, the court below rejected the above assertion in detail, on the grounds that this part of the appeal was the same as the grounds for appeal, and on the “determination of the defendant and his defense counsel’s assertion” of the judgment, the court below rejected the above assertion.
There is no reasonable circumstance to deem that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts was against the logical and empirical rules.
The lower court that convicted the Defendant of the instant facts charged is justifiable.
The judgment of the court below does not contain any error of law as alleged by the defendant, and thus the defendant's objection.