The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is consistent with the victim’s statement from the investigative agency to the original trial, and specifically states the method of prosecution, and the reason why the victim thought that an intentional indecent act was committed and the circumstances in which the defendant was designated as an offender are clearly stated. As such, the credibility of the victim’s statement may be acknowledged.

According to the statement of the victim, the court below found the defendant not guilty even though the facts charged can be fully acknowledged.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. 판단 피해자는 케이크를 조심스럽게 들고 있느라 오른손을 약간 든 상태로 서 있었는데, 누군가가 자신의 오른쪽 가슴과 오른팔의 공간 사이로 손을 넣어 가슴을 훑고 지나갔고, 이에 바로 오른쪽으로 뒤돌아 보니 피고인이 앞을 보고 나가고 있었으며, 손가락 3개 정도가 들어와 가슴을 쓱 훑고 뒤로 빼는 느낌이었다고 진술하였다.

The key of the defendant is 158 cm, which is similar to the victim, and at the time, the victim reported the oral statement of the bend.

At the time, the Defendant was faced with the anti-retailing line and was down from the right side of the victim.

In order for a defendant, who was under the influence of the vehicle, to contact the victim's chest like the victim's statement, he/she shall do so by putting out the right hand into a narrow space between the chest and the arms of the victim who suffered the left hand by breaking out the left part or breaking out the left part's elbow.

This attitude is difficult to occur between the shortest net of the nature of the unclaimed land.

It is more so in view of the defendant's key and subordinate situation.

In the process of getting off the defendant at a somewhat rapid speed, there seems to be considerable possibility that the part of the defendant's arms, which is similar to the victim's chest part, was put down.

The foregoing circumstances are the same.