The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) was found not guilty of the facts charged in this case on the ground that the Defendant, in a state in which the Defendant was locked, could cause the victim to face with buckbucks.

그러나 피해자가 자신의 허벅지에서 피고인의 손을 치운 이후에도 피고인이 계속하여 피해자의 허벅지에 손을 갖다 댔고, 친구와 통화 중이 던 피해 자가 피고인의 행동을 나무라는 취지로 말하자 피고인이 급하게 자리를 옮긴 사정을 고려 하면, 피고인이 의도적으로 피해자의 허벅지를 만졌음을 충분히 인정할 수 있다.

The lower court erred by misapprehending the facts.

2. According to the evidence duly adopted and examined by the court below, the defendant's 2-3 fingers met with the victim's left bucks (hereinafter "the contact in this case") is recognized.

However, in full view of the following facts and circumstances that can be recognized by the record, a reasonable doubt can not be ruled out as to the possibility of contact with the victim's bucks by leaving the victim's bucks while in the state of unfucking.

There is no error in the judgment of the court below on the same purport.

A. On January 7, 2016, around 19:50, the victim boarded the instant electric vehicle in the subway line No. 7 of the subway station and was seated down to the right edge of the Defendant.

From 20:14 to 20:14 before the victim was sitting, the Defendant laid down his hand over his right side outside of the buckbucks, and string the eye behind the head.

B. The contact of this case was made after the victim 24 minutes passed since the victim she sits in the side of the defendant (20:14:04 to 20:14:14:10).

The contact details are about 10 seconds bucks, so that the defendant is flickbucks, pumpbucks (victim's police statements) or 2 to 3 handbbbbbbbbbbbbbbs.