The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and various circumstances acknowledged by the evidence admitted by the lower court, the Defendant’s act of deceiving the victim’s shoulder, salutism, and knife against the victim’s will constitutes an indecent act by force, which objectively causes sexual sense or aversion to the general public.

Unlike this, the court below that acquitted the facts charged in this part has erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. Prior to the legal evaluation of the defendant's act on the confirmation of the defendant's act, the defendant's act is proved to the extent that it can be ruled out a reasonable doubt.

We first examine whether or not it can be seen.

Based on the evidence submitted by the prosecutor, the lower court acknowledged not only the fact that the Defendant scamed the victim's grandchildren and shoulder, but also found the fact that the victim's scam was dead even.

Although it is not consistent with the statements of the victim as to whether the hands of the victim's hand and the shoulder are left hand or not, in full view of the victim's investigative agency, the court below's statements in the court below, and the witness N's legal statements in the court below (the part concerning the horse that the victim n after the formation of the case), it is recognized that when the defendant and the victim sits on an expressway stop, the fact that the defendant n's hand and the shoulder are broken by the victim when the defendant and the victim sits on the expressway stop is recognized.

However, it is examined whether the defendant can be found the fact that the victim was dead, and ① the victim’s accusation submitted by the victim stated that “I want to see the low body, with the low body,” and there is no content that the defendant was dead (the fourth page of the investigation record). ② In the police investigation, the victim stated that “I am deadly, and the defendant was dead (the 10th page of the investigation record)” (the 10th page of the investigation record). However, in the court of the court below, the defendant’s hand is even dead.