성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, such as the statement of the victim and on-site police officers, the gist of the grounds for appeal is sufficiently recognized.
2. The lower court rendered a not guilty verdict on the ground that the evidence submitted by the prosecutor is all insufficient to acknowledge the facts charged or difficult to believe as is, and otherwise, there is no evidence to prove that the Defendant had intentionally committed an act identical to that indicated in the facts charged with the intent to commit an indecent act.
Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.