The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and the statements of victim E or witness F, it is recognized that the defendant committed an indecent act against the victim.

2. Determination

A. Examining the record, the lower court’s determination that the Defendant was not guilty is justifiable on the grounds that detailed reasons in terms of Articles 2 and 3 of the lower judgment were stated.

B. The result of the examination of witness E conducted in the trial upon the request of a public prosecutor was that the person who committed an indecent act against the victim and the victim were either one hour to one hour, and 30 minutes after the victim was found to have committed an indecent act, and that the Defendant was the same person, or that various circumstances at the time of the examination showed that the victim did not regard the offender as the offender, and that there were many men other than the Defendant in the club.

In light of the above, it cannot be deemed that the above awareness of the identity of the victim's criminal cannot be viewed as clear, and the possibility of perception cannot be ruled out. Therefore, it is insufficient to recognize the facts charged in this case.

3. The appeal by the conclusion prosecutor is dismissed.