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Defendant
In addition, all appeals filed by the requester for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the crime under paragraph (3) of the judgment of the court below, since the defendant, who is emotional uneasy and physically weak victim than the defendant, did not intend to commit indecent act by force, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and affected the conclusion of the judgment. 2) The defendant, the defendant of the court below, who repeatedly committed the same crime as the facts charged against three victims during the first police investigation, made a statement that recognized that there was a purpose of indecent act by force in the first police investigation, and that the defendant attempted to commit the crime under paragraphs (1) and (2) of the facts charged, and the purpose of indecent act by force was achieved as stated in paragraph (3) of the judgment. Thus, the judgment of the court below which acquitted the defendant of this part of the facts charged, is erroneous in the misapprehension of facts, which affected
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too heavy or unreasonable.
2. Determination of the accused case
A. 1) The lower court’s determination on the Defendant’s assertion of mistake of facts is consistent with the Defendant’s aforementioned assertion: ① from the investigative agency to the court of the lower court, the Defendant stated that “the Defendant’s act was sufficient to cause a sense of sexual humiliation or aversion of the victim; ② from the prosecution to the prosecution, the Defendant tried to use the victim’s body. They continued to be in one hand, and the other hand did not cut back on the left chest by inserting the hand towards the neck, and did not cut off the body on the left chest; and ② there was no circumstance to suspect its credibility; ② the Defendant’s act was sufficient to cause a sense of sexual humiliation or aversion of the victim; ② the Defendant also tried to use the victim’s body.
(1) to the left hand.