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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court convicted the Defendant on the premise that there was an intentional indecent act by force on the part of the Defendant, on the premise that the Defendant was committed by a quasi-decent act by force, despite the fact that the Defendant only shouldered the victim's friend, which was born in the back seat of the taxi, and that the victim's friend was not frighted with the intent of indecent act by force.
B. The sentence imposed by the lower court on the Defendant (two years of suspension of execution in six months of imprisonment, forty hours of lectures to treat sexual assault, three years of restriction on employment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is without merit, since the Defendant sufficiently recognizes the fact that the victim was born in a taxi with the intent to commit an indecent act.
1) According to the CCTV image (Evidence No. 7 pages, Evidence No. 24 pages) taken at the time of the instant case (Evidence No. 103 pages) taken by the victim at the time of the instant case, the victim made a concrete and detailed statement to the effect that the victim, who was in the taxi at the investigative agency, was aware of the victim's scam because he was scam and scambling the view that the victim's scam, while she was scamed as being in charge of the victim's scambling, and asked the defendant as "Iscam and scambling scam". However, the victim continued to scambling the scam and scambling the victim's scam in the taxi, or scambling the victim's scam in the body of the victim's actions (Evidence No. 12828).