The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant was found to have knife the part of the victim's side by extending outside his hand as shown in the facts charged in this case. In light of the various circumstances shown in the records, the above act by the defendant is an indecent act under Article 298 of the Criminal Code, but the defendant intentionally committed an indecent act under Article 298 of the Criminal Code, or it is difficult to view the above act by the defendant as an indecent act, and thus, it is erroneous in the judgment of the court below which acquitted the defendant of the facts charged in this case and thereby affected the conclusion of the judgment.

2. Summary and judgment of the primary facts charged

A. On May 12, 2016, the Defendant: (a) committed an indecent act by force against the victim E (V), a victim E (V) who was on the side tables during the mixed drinking, and his/her conduct, with the Defendant “a person who drinks the same alcohol” while drinking the mixed alcoholic beverage on May 12, 2016; (b) in order to move the victim to another place; and (c) in order to move the victim to the other place, the Defendant committed an indecent act by force by forceing the victim by putting his/her hand out and going back to the victim’s side surface.

나. 판단 1) 원심은, ① 피고인은 피해자에게 계속 말을 걸기 위하여 피해자를 붙잡으려고 위와 같은 행동을 한 점, ② 당시 피고인이 잡은 부분은 성적으로 민감한 부분이 아니라 피해자의 옆구리 부분이고, 1초도 되지 않는 극히 짧은 시간 동안 신체접촉이 이루어진 점, ③ 피해자도 경찰 조사 과정에서 위와 같은 피고인의 행위로 인하여 많이 놀랐고, 기분이 나빴다고

In light of the fact that Defendant’s aforementioned act was only made a statement, and that Defendant did not cause a sense of sexual humiliation, etc., on the ground that the Defendant intentionally saw the victim’s humf or that such act cannot be deemed as an indecent act.