The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) can recognize the facts of indecent act by force as indicated in the instant facts charged.

Nevertheless, the lower court rejected the request for attachment order on the ground that the Defendant was acquitted and the charge of the instant case is not recognized.

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

2. In full view of the circumstances in its reasoning, the lower court determined that the Defendant committed assault to the extent that it would make it impossible or considerably difficult for the Defendant to resist the victim.

On the ground that it is difficult to deem that the instant facts charged were proven to the extent that there is no reasonable doubt that the victim exercised a sudden tangible force against the victim’s will, the request for an attachment order was dismissed on the one hand, on the ground that it is difficult to deem

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone presented by the prosecutor cannot be deemed as proved beyond reasonable doubt.

The judgment of the court below which acquitted the Defendant on the charges of this case, and dismissed the request for attachment order, cannot be said to have erred by mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the grounds that it is without merit. It is so decided as per Disposition.