The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) and the court below consistently stated the damaged facts, and according to the statement, the defendant at the time of the instant case can be found to have committed an indecent act by keeping the victim’s sexual organ with the intent to give a sense of sexual displeasure.

Therefore, the judgment of the court below which acquitted the defendant on the charge of this case is erroneous in the misapprehension of legal principles or misconception of legal principles.

2. In light of various circumstances, such as the relationship between the Defendant and the victim, the developments leading up to the instant case, the Defendant’s specific form of act and the victim’s identity, and uncertainty of the victim’s statement regarding damage, the lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant intentionally committed an indecent act against the victim’s sexual organ at the time was proven to the extent that there is no reasonable doubt.

Examining the evidence duly admitted and examined by the court below, the judgment of the court below is just and acceptable, and there is no misconception of facts or misapprehension of legal principles as alleged by the prosecutor.

I would like to say.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.