In addition, since the victim did not seem to have a refusal response to the defendant's minor physical contact, it cannot be deemed that the defendant's act as stated in the facts charged of this case is acceptable, and rather, considering the victim's response to the defendant's act, it is obvious that the defendant's act as stated in the facts charged of this case is against the victim's will. Thus, the judgment of the court below which acquitted the defendant of

2. Judgment on the prosecutor's assertion of mistake of facts

A. The lower court found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to readily conclude that the Defendant had an intention to commit an indecent act, even though the Defendant had committed an act as stated in the facts charged of this case.

B. 1) In a criminal trial, the conviction should be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it should be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). 2) In light of the above legal principles, in light of the circumstances, such as the fact that, at the time of the case, the defendant made the statement as indicated in the facts charged in this case, the victim was satisd with the victim's satisfy with the victim's satisfy with the victim's satch with the victim's satisfe with the victim's satisf, and the fact that it is a sensitive

However, the court below duly adopted and investigated the circumstances properly presented by the court below.