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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) did not have committed an indecent act against the victim at the time and place recorded in the facts constituting the crime as indicated in the judgment of the court below, but the court below convicted the Defendant of the facts constituting the instant case
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the grounds for appeal, the Defendant’s indecent act by force against the victim, as stated in the facts constituting an offense in the lower judgment, can be acknowledged.
Therefore, the judgment of the court below did not err in the misapprehension of facts as alleged by the defendant, and the defendant's above assertion is without merit.
① The victim made several statements at an investigative agency and a court of original instance, and the victim made several statements, as seen in the following (2), and (3) as seen in the above, differently or inconsistent with the facts about the clothes or the location of the defendant and his/her friendship, etc. at the time of the crime of this case, however, the victim made a consistent and concrete statement as to the statement and behavior of the defendant at the time of the crime of this case, damage to himself/herself, the situation before and after the crime of this case, etc., and the victim's statement made by F for the victim
② Since the victim designated the perpetrator as the defendant immediately after the occurrence of the instant crime, there is no doubt about the identity of the perpetrator. (The Defendant also identified the victim as the perpetrator.)
The statement was made by the investigative agency and the court of the court below that the defendant was unable to properly associate with clothes, etc. stored by him in several times.
Even if these circumstances are considered not to obstruct the victim's credibility of the statement.
(3) The victims shall be at the Seoul Sea Center on May 29, 2015.