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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant claiming the misunderstanding of facts was merely using the victim’s head and rhydly, due to the parent’s mind, and did not have any intent to assault or assault.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The Defendant’s act of assertion of misapprehension of the legal doctrine constitutes a justifiable act as a passive act permissible in light of social norms.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles and affecting the conclusion
2. Determination
A. The following circumstances acknowledged based on the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, namely, the victim was at the time of head, not rhyming or using the defendant himself.
The statement, G considered that the defendant was unsatisfing the victim's head and the side of the victim.
In full view of the facts stated in the judgment below, the facts constituting the crime can be fully recognized.
The defendant's assertion of facts is without merit.
B. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of misapprehension of the legal doctrine and the evidence duly adopted and investigated by the trial court and the trial court, namely, the Defendant’s her her her her son was in the difficult border because of the gathering of the victim and the victim at the time, and the Defendant visited the school where the victim was present in order to have her son and her son, under such circumstances, the Defendant was in a situation where the victim was her son with the victim, and the place where the occurrence of the instant case is a place where the student’s safety should be ensured more strongly than the student’s safety inside an elementary school, it is difficult
The defendant's assertion of misapprehension of the legal principles is without merit.
3. Conclusion.