The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (the factual error) by the witness C of the lower court and the remaining evidence, the facts charged in the instant case where the Defendant committed an indecent act against the victim may be acknowledged, and the Defendant’s appeal is unreasonable.

Nevertheless, the court below acquitted the defendant on the ground that there was no proof of facts constituting a crime, and the court below erred by misunderstanding facts and affecting the conclusion of judgment.

2. The burden of proving the facts charged in a criminal trial for the judgment on the grounds of appeal lies with the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, it is doubtful that the defendant is guilty even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Comprehensively taking account of the health care unit and the evidence duly admitted and examined by the lower court, the following facts and circumstances can be acknowledged.

① The Defendant: (a) took a train in the optical wave station of subway No. 5, a subway station of subway No. 18:01, and unloaded from the gold station around 19:42, in order to get her home and her home to drink a considerable amount of alcohol after working along with the day of the instant case.

(2) In order for the Defendant to go back to a house near the 7-ray broad distance station, the Defendant used the 5-line electric power-driven vehicle in the opposite direction, not the direction of the Oral Power Station, from the 5-line 5-line 5-line 5-line 5-line 5-line 5-line 5-line 5-line 5-line 5-line 8-line 8-line 8-line 8-line 1-line 1-line 1-line 1-line 1-line 2

③ In the perception that the victim was sexually indecent, the defendant made a mistake in resisting the defendant, and the defendant took a bath while disregarding the victim.