강제추행
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, although it could be found that the defendant had contacted the victim's body with the intention to conduct an indictment, and there is an error of law by misunderstanding the facts.
2. The lower court determined that the charge of this case constitutes a case where there is no proof of a crime against the Defendant on the ground that “In light of the degree and condition of taking place by the Defendant at the time of the occurrence of the case, the form of physical contact between the Defendant and the victim, and the situation where the victim was walking along with the male-child tools of the victim, it cannot be ruled out that there is no possibility that the victim might have misunderstood the victim that he was faced with the victim due to his intentional physical contact with the victim because he did not want to walk more than his behavior.”
When examining the reasoning of the court below closely with the records of this case, the judgment of the court below is sufficiently acceptable, and there is no error in the misapprehension of facts alleged by the prosecutor.
Therefore, the prosecutor's assertion of mistake is rejected.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.