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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence presented by the prosecutor to the summary of the grounds for appeal, the court below found the defendant not guilty of the facts charged in this case, but found the defendant not guilty of the facts charged. The court below erred by mistake of facts.
2. Determination:
A. On August 19, 2017, at around 23:45, the Defendant committed an indecent act on the victim E (the 12-year age group) in a place where the general public was concentrated by drinking up the 10th floor Does of the 10th floor C building in Bupyeong-gu Incheon, Incheon, and committing an indecent act on the victim at a place where the general public was concentrated. On the same day, around 23:45, around 23:45, the victim Fbucks located in the soup Does located in the soup Does (the 12-year age group), and committed an indecent act on the victim at a place where the general public was concentrated.
B. Determination 1) The lower court found that the Defendant had contacted the victims’ bridge, but recognized the following circumstances, i.e., the Defendant’s vision is bad, and the Defendant was accompanied by a visual disorder beyond the string degree, and ② the CCTV images at the time when the Defendant entered the earth 1 and 2 times, and recognized that the Defendant was a person at the time of entering the above earth psing.
It is difficult to see, 3. The Defendant entered the earth to find a beer.
The defendant's argument that the victim's physical contact form and the defendant's physical contact immediately after the victim's physical contact were contacted is consistent with the above argument of the defendant. ④ The defendant entered the 1,2 soil area where there was no person other than earth 1,2 times. The defendant left the 4 times more than 1,3 times, and the floor was cut back in the 4 times, and the floor was cut back by hand. These images also correspond to the defendant's argument. ⑤ The defendant could have anticipated the possibility of human being after the contact with the victim two times, but only she entered the 1,00 soil area.