The prosecutor's appeal is dismissed.

1. The Defendant committed an indecent act on the part of the victim’s bucks, etc. consistently from the investigative agency to the court below’s decision;

In full view of the following facts: (a) the victim’s statement is specifically made; (b) the victim’s statement male-friendly E is also supported by the victim’s above statement; (c) the Defendant and the victim’s text messages are recorded and the victim did not have any reason to dismiss the Defendant; (d) the Defendant could be found to have committed an indecent act against the victim around April 27, 2015; (b) however, the lower court erred by misapprehending the facts charged, or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

2. Determination

A. On April 27, 2015, the summary of the facts charged in the instant case is as follows: (a) around 23:00, the Defendant, like the victim D (at the age of 28), who is an instructor of video editing lessons at the Yacheon-si C Apartment apartment, will not drive by proxy if he knows that he would have a good drinking at the above head of the above heading house and the above victim “at the age of 28).

“Along with the victim,” the said apartment house entered the Defendant’s residence at 302 Dong 507, and entered the Defendant’s residence.

이어 피고 인은 위 아파트에서 냉장고 문을 열었다가 닫은 다음 갑자기 자신의 상의와 바지를 벗고 팬티만 입은 채 거실 바닥에 앉아 있는 피해자에게 다가가 피해자의 옆에 앉은 후 손으로 피해자의 허벅지를 주무르며 "D 쌤, 나랑 애인 합시다.

"A indecent act was committed by force against the victim".

B. According to the following facts and circumstances revealed by the evidence adopted and examined by the lower court, the lower court’s determination is difficult to believe the victim’s statement, the only direct evidence corresponding to the facts charged in the instant case, and the evidence presented by the prosecutor alone, to the extent that there is no reasonable doubt.