The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although misunderstanding of facts and misunderstanding of legal principles into a room in which the victim was her own, and the victim's salute by impairing the victim's salute constitutes an indecent act and according to the evidence submitted by the prosecutor, the court below acquitted the defendant on the charge of indecent act among the facts charged in this case on the ground that the defendant's act constitutes an indecent act or the defendant's criminal intent is not recognized, the court below acquitted the defendant on the charge of indecent act among the facts charged in this case. The court below erred by misapprehending the facts as to the crime of indecent act and indecent act, thereby affecting the conclusion of the judgment

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of an order to attend a alcohol treatment lecture) is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the facts and circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles, the Defendant’s act of deceiving the victim, as shown in the facts charged, constitutes an indecent act in the crime of indecent act by compulsion under the Criminal Act.

It is difficult to conclude that the defendant committed such an act with sexual intent as a crime of indecent conduct, and therefore, the original judgment that acquitted the defendant of this part of the facts charged is justifiable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts or misunderstanding legal principles as alleged by the prosecutor. Thus, this part of the prosecutor's assertion is without merit.

B. The instant crime on the assertion of unfair sentencing is committed by the Defendant without being aware of the period of the suspension of imprisonment due to the same robbery and injury to the victim during the period of the suspension of the execution of imprisonment due to the same robbery, and at the same time, by intrusion into the room where the victim was accommodated at night, and thus, the commission of the instant crime is serious.