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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the statements of the victim of mistake of facts and I, the defendant can find the fact that the defendant satisfe the victim's chest by gathering the victim's finger on the victim's inside, and even if not, the defendant can find the fact that the defendant met the chest part of the victim's chest. The defendant's act constitutes an indecent act, but the defendant's act constitutes an indecent act, but the judgment of the court below which acquitted the defendant about the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the minor under thirteen years of age) and thereby affected
B. The lower court’s sentence of unreasonable sentencing (three million won of a fine) is too unhued and unreasonable.
2. Determination
A. 1) On April 4, 2013, the summary of this part of the facts charged was determined by the lower court: (a) around 16:40 on April 16, 2013, the Defendant: (b) reported the victim F (F) to drink the Defendant’s hand into the victim’s body; and (c) continued to place another hand into the victim’s body in the victim’s body while she expressed that the victim did not want to sell and refuse to sell; (d) the Defendant committed an indecent act against the minor under 13 years of age. Accordingly, the lower court’s judgment was difficult to believe the victim’s statement and I’s statement in light of the following circumstances; and (e) the remainder of the evidence submitted by the prosecutor alone that the Defendant did not have any reasonable evidence to prove that the victim’s body was the victim’s chest; and (e) the Defendant did not have any other evidence to prove the victim’s chest.