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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. In the absence of a fact that the Defendant was guilty of the victim’s head due to friendly loss, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by misunderstanding the facts on the ground of the victim’s statement without credibility.
B. In light of the fact that the Defendant committed each of the instant crimes in contingency under the influence of unfair sentencing, and that the Defendant did not have an occupation but has divorced from the recipient of pension and prepared living expenses for his or her wife and his or her two ancillary children, etc., the lower court’s sentence that sentenced the Defendant to order the program of sexual assault treatment for 3 million won and 40 hours is too unreasonable.
2. Determination
A. The victim’s statement in a mistake of facts is consistent and concrete with the contents of the victim’s statement from the investigative agency to the court of the court below. In particular, it is recognized that among the prosecutor’s protocol of suspect interrogation of the defendant, the defendant reversed the victim’s statement at the police station and stated that “the defendant took action to bring him/her out from the bottom of the court of the court below,” the part of the investigation report on November 17, 2013, stating to the effect that “the defendant took action to bring him/her out from the bottom of the court of the court of appeal with the victim,” and the part of the prosecutor’s statement on the defendant’s interrogation of the defendant, “The defendant has taken her first step to go to the police station and reported to the police by the defendant,” and that the contents of the evidence and statement are consistent with credibility in light of the following:
In full view of the above statements by the court below and other evidence duly adopted and examined by the court below, as the court below decided.