강제추행
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be sufficiently recognized that the defendant committed an indecent act by forcing the defendant to sexual intercourse on the left side of the victim's sexual organ.
Nevertheless, the court below sentenced the defendant not guilty, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.
2. In full view of all the evidence duly adopted and examined by the court below, the court below's decision that the court below was not sufficient to recognize that the defendant committed an indecent act by force against the victim in the same manner as the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the public prosecutor in the judgment below, which affected the conclusion of the judgment.
It does not seem that it does not appear.
Therefore, the prosecutor's above assertion cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.