The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the mistake or misapprehension of the legal principle), the lower court found the Defendant guilty on a different premise, by misapprehending the legal doctrine or misapprehending the legal doctrine, although it was found that there was a criminal intent to commit an indecent act.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

B. (Supreme Court Decision 2002Do5662 Delivered on December 24, 2002).

In light of the various circumstances acknowledged by the record, the lower court determined that it is difficult to view that the Defendant had the intention of indecent act by compulsion on the part of the Defendant, on the ground that it could not be ruled out that there was no possibility that the Defendant was physically contacted among the victims.

C. According to the statement in the investigative agency of the victim and witness or in the court of original instance, it seems true that the defendant's left hand in the front of the victim's right, and the defendant's left hand in the front of the victim's right is in contact (in this regard, it seems that the fact-finding of the court below is erroneous on the premise that the direction of the defendant's progress is opposite to the victim's front). It is true that there is a doubt that the defendant did not have the intention to commit an indecent act.

그러나 역시 기록에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자의 진술에 따르더라도 그 신체 접촉은 순간적으로 이루어졌고 강도도 약하였던 것으로 보이는 점(“툭 치듯 접촉”, “아는 사람이 반갑다고 인사하듯 건드림”), ② 피해자의 진술에...