강제추행
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal by the victim and witness, the court below found the defendant not guilty, although the defendant could have committed an indecent act against the victim by means of rhyming the victim's body, such as the victim, etc., and the judgment of the court below is erroneous.
2. Based on the circumstances stated in its reasoning, the lower court determined that there was reasonable doubt as to whether the Defendant was an intentional indecent act by force against the victim, etc., and it is difficult to exclude the possibility of the Defendant’s losses due to the victim’s intention in the prior process, and whether there was an intentional indecent act by force against the Defendant. In so doing, the lower court’s determination is just even if examining the circumstances presented by the lower court in light of the records.
Therefore, 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 as it is without merit. It is so decided as per Disposition.