The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the Defendant’s indecent act by force as stated in the facts charged in the instant case can be acknowledged.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence presented by the prosecutor, including the victim’s statement, cannot be deemed as proven without reasonable doubt.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there were no errors by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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.