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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. Fact-finding is that the Defendant, along with the victim who is a workplace club, engaged in the selective distribution of the car with the victim who was in the same workplace, caused only once the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.
B. In light of the fact that there is no record of criminal punishment except that a fine of KRW 50,00 is imposed for a violation of the Act on the Establishment of the Local Reserve Forces in 1982, and that the degree of prosecution is minor, etc., the sentence of the lower court that sentenced a fine of KRW 3 million and an order to complete a sexual assault treatment program for 40 hours is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, such as the witness E’s legal statement, field photographs, and field CCTV video data, the Defendant can be found to have committed an indecent act by force by using the victim’s her mared three times as stated in the instant facts charged. In light of the method of committing an indecent act and the circumstances at the time of indecent act, etc., the Defendant’s intentional act may also be sufficiently recognized.
Therefore, the judgment of the court below that found all of the facts charged of this case guilty is just and there is no error as alleged in the grounds of appeal.
B. The fact that the Defendant denied the crime up to the judgment of the party, and did not reflect the wrong, did not make efforts to compensate for the damage, and the injured party wants to punish the Defendant. In addition, the motive and background of each of the crimes of this case, circumstances before and after the crime, degree of damage, and other records and arguments of this case are personality and behavior of the Defendant as shown in the records and arguments.