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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment. (2) The punishment of the lower judgment (a fine of three million won, and completion of sexual assault treatment programs) is too unreasonable.
B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts.
(1) A victim reported to the police immediately after the victim was forced by indecent act by the defendant, and was present at the police station one hour after the time of the crime and stated the damage situation.
② The victim made concrete statements on the Defendant’s appearance, method of indecent act by compulsion (influencies, legs are stored between large trees) and others.
(3) The statements made by a victim are consistent to the police, the prosecution, and the court of original judgment.
④ A witness G of the trial room stated that the victim was guilty of indecent act on the part of the victim at the scene, and that the victim was silentd by the defendant at a few times.
In light of the above facts, the judgment of the court below which found the defendant guilty of the facts charged of this case is sufficiently acceptable, and the defendant's allegation in this part is without merit, in light of the following: (a) it appears that there is no motive for the defendant to make a statement by making a false statement or exaggeration to the victim; and (b) part of the statement by the witness G, which corresponds to the defendant's prosecutor's defense, is not directly witness, but merely a drilling and it seems insufficient to raise a reasonable doubt as to
B. As to each assertion on unfair sentencing, this case’s assertion on unfair sentencing is a case where: (a) the defendant has no record of punishment except a fine imposed on the violation of the Road Traffic Act; (b) the degree of indecent act by compulsion is not limited; and (c) the degree of indecent act by compulsion is not limited.