The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the statement of the victim in the summary of the grounds for appeal, it can be acknowledged that the defendant forced the victim to commit an indecent act by deceiving the victim's chest.

The judgment of the court below which acquitted the defendant is erroneous in misconception of facts or incomplete hearing.

2. Determination

A. The lower court’s judgment rejected all the statements and circumstances of the Defendant opposed thereto on the sole basis of the victim’s statement, and it is difficult to see that the victim’s left chest part of the victim’s chest, such as the facts charged, was solely on the part of the victim’s left chest, and even if the victim’s loss was contacted on the part of the victim’s left chest.

Even if this is not attributable to the intention of indecent act, it is judged that it is difficult for the defendant to avoid the possibility that it was done in the process of cutting down the shoulder in order to change the attitude of the victim, and not guilty.

나. 당심의 판단 1) 이 사건 공소사실에 직접 부합하는 듯한 증거로는 피해자의 진술이 유일하다. 피해자는 소파에서 잠을 자고 있던 중 “가슴을 누르는 느낌이 들어서 바로 눈을 떴고, (피고인이) 황급히 손을 떼는 것을 봤습니다”라고 진술하고 있다. 2) 한편, 피고인은 피해자의 자세를 바꿔서 코골이를 멈추기 위해 어깨 부위를 몇 차례 당겼을 뿐이며 이 과정에서 피해자의 가슴 부근에 피고인의 손이 닿았을 수도 있다는 취지로 일관되게 진술하고 있다.

3) According to the evidence duly adopted and examined by the court below and the court below, the following facts and circumstances are recognized. (1) The victim dices alcohol from November 2, 201 to November 3, 201, the day of the instant case, from November 3, 2011, until November 03:00, and 03:30. (2) The victim dices a sense that he dice was dived about 5 hours after diving, and the defendant was broken out in the lock, and the defendant was hurged from the chest near the victim’s chest.