성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The prosecutor's appeal is dismissed.
1. The court below which rejected the credibility of the victim's statement despite the consistency of the victim's statement in the summary of the grounds for appeal, has an error of mistake of facts.
2. The lower court determined that it is difficult to readily conclude that the Defendant committed an indecent act by deceptive means or by force on the sole basis of the evidence presented by the prosecutor, considering the facts and circumstances as indicated in its reasoning.
In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it 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.