성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted in the gist of the grounds for appeal, even though the defendant could be found to have committed an indecent act against the victim as stated in the facts charged, the judgment of the court below that acquitted the defendant is erroneous.
2. The court below is just in finding the defendant not guilty of the facts charged of this case on the grounds that it is difficult to view that the evidence alone presented by the prosecutor alone shows that the defendant had the intent to commit an indecent act and caused the victim to have sufficient proof beyond a reasonable doubt, and there is no error of law by mistake of facts as pointed out by the prosecutor.
In addition, there is no other evidence to prove the above facts charged in the trial, so the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.