The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, which is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the primary charge (violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act)) was committed by the Defendant, around October 21, 2017, around 18:50, the Defendant tried to fit the face of the victim E (the son and the son, the son and the son and the son and the son, who will return to the son and the son and the son (the son, the 17-year old age), while having tried to fit the face with the wind of the victim.

Accordingly, the Defendant attempted to commit an indecent act against a child or juvenile victim.

2) Preliminary facts charged (voluntary indecent act) around 18:50 on October 21, 2017, the Defendant attempted to have male-gu and personnel and return to the victim E (the age of 17), but attempted to fit the face of the victim E (the age of 17), but attempted to have the victim avoided.

Accordingly, the defendant attempted to commit an indecent act by force against the victim.

B. According to the following circumstances acknowledged by the court below based on the adopted evidence, the court below held that the defendant had an intention to dance against the victim at the time, solely on the evidence submitted by the prosecutor in this case where the defendant denies the victim's face in the form of leaving the victim's face, as the victim, who was going before the opening entrance at the time of opening of the subway in order to go together with the above subway opening entrance after completing a mountain at the time and place stated in the facts charged.