The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant had been unaware of the victim's face three times, and this constitutes an indecent act against good sexual morality, and even if it does not constitute an indecent act on domestic affairs, it constitutes an indecent act on domestic affairs. Therefore, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. Determination

(a) The term “indecent act at a public place” means an act that causes a sense of sexual humiliation or aversion to the general public objectively and that infringes on the victim’s sexual freedom, such as an act contrary to good sexual morality;

(2) According to the evidence duly adopted and examined by the lower court, the Defendant is deemed to have committed the act of causing sexual humiliation or aversion to the general public and infringed on the victim’s sexual freedom, as stated in the facts charged in the instant case. However, in full view of the background, place, mode of the act, distance from the victim, etc. of the Defendant’s act, the prosecutor’s allegation in this part is without merit, inasmuch as it is difficult to recognize that such act of the Defendant caused sexual humiliation or aversion to the general public and infringed on the victim’s sexual freedom.

B. We examine the judgment on the ancillary facts charged, and the crime of assault under Article 260 of the Criminal Act refers to the exercise of tangible force against human body, and the exercise of tangible force refers to the exercise of physical force causing physical pain (see Supreme Court Decision 2000Do5716, Jan. 10, 2003). In this case, the prosecutor's assertion on this part is without merit, since it is difficult to view that the act of the defendant committed by the defendant was disobsible to the victim, and it is difficult to view that the victim suffered physical pain due to that reason.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.