Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts and making the sentencing unfair) is that the court below acknowledged the facts charged in this case by the victim's statement, although the defendant did not commit an indecent act against the victim.
The sentence of the court below is too heavy.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant had the victim's left 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 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
Non-flick도요
In full view of the fact that people are off duty, who are going to the stairs of subway exit, and the victim was able to recognize the fact that the behavior of the victim, who was on the right side of the exit and exit of the defendant, was attached to the defendant while the victim got to the defendant. As such, the victim's statement about the indecent act in this case is specific and consistent and consistent with the contents of the victim's statement about the indecent act in this case, and there are no other circumstances that the victim first known to the defendant in this case, the victim's statement that corresponds to the facts charged in this case is credibility.
Therefore, the judgment of the court below is just, and the defendant's assertion of mistake is without merit.
B. The Defendant is the primary offender to determine the unfair argument of sentencing.
However, there is a need for punishment corresponding to the method and degree of conduct, and there is no agreement with the victim.
In addition, in full view of all the sentencing conditions shown in the records of the instant case, including the Defendant’s age, occupation, sex, and circumstances after the crime, the lower court’s punishment is adequate.
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