The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant of the facts charged of this case even though the defendant acknowledged the facts of indecent act by force as stated in the facts charged of this case, taking into account the victim's appearance of specific criminal offender and the difference between the defendant's appearance and the defendant's appearance at the time of this case and the victim's false statement, etc.

2. Determination

A. The Defendant, around 09:00 on July 27, 2018, committed an indecent act by force on the part of the victim D (the 36 years old) by making the left chest of the victim D only once only one time on the part of his/her hand in the subway line 5 subway line C, the subway lines located in Seoul, at Seoul, the Defendant committed an indecent act on the part of the victim.

B. In full view of the following circumstances acknowledged by the record, the lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to view that there is sufficient credibility and probative value in the victim’s statement about an indecent act, and the remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant committed an indecent act by force as stated in the instant facts charged, and that there is no other evidence to acknowledge it otherwise.

① The victim stated in the investigative agency that “a man, who gets off the stairs going off to five lines on the day of the instant case, had a train door, and the man, who is not aware of that man, was coming to the entrance of the train to get off the train to get off the train, was on the left chest of the train.” However, in this court, the victim stated to the effect that “the victim was indecent act in the direction right 2 o’s right side from the rear of the platform pole (in the photo No. 2, the pole of the platform tape No. 2) to the right side from the rear of the platform column.” However, according to CCTV image taken up by the Defendant on the day of the instant case at the front side of the train going to the same day.