The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor, such as the statement of a consistent victim as to the summary of the grounds for appeal (fact-finding and misunderstanding of legal principles), the statement of witness to the circumstances at the time of the instant case, and the relationship between the Defendant and the victim, the fact that the

2. Around 22:00 on October 28, 2016, the Defendant committed an indecent act by force against a victim by forcing him/her to have his/her face covered by the victim’s neck, putting him/her in front of the left part of the body of the victim when he/she saws the victim into the body of the victim D while he/she gets involved in drinking at a water beer in the vicinity C located in Seongbuk-gu, Sungnam-si, Sungnam-si, Sungnam-si.

3. Determination

A. According to the images of CDs attached to a fact-finding report (Attachment to the original image CD production) among the facts charged, it is recognized that the Defendant, while the Defendant and the victim were under the influence of alcohol, she wraped the victim’s neck while communicating with the victim, and wraped the victim’s neck, and the victim sucked behind the Defendant’s arms.

In this process, it is naturally presumed that the defendant's oral appearance or face was close to the victim's view. However, as described in the above facts charged, the above image alone cannot be seen as to whether the defendant has his face in terms of the victim's view, and whether the defendant's own face was contacted with the victim's view, and the victim's statement complies with this. However, at the time when the police intended to return home after hearing, the victim stated that there was a fact that the defendant went beyond the victim's own and was on board the ship, and that there was a fact that the employee said that he was "two." On the other hand, the prosecutor stated that there was no word "two?" and in this court, the defendant's memory is clear about the fact that the defendant was on board the victim's appearance.