The prosecutor's appeal is dismissed.

1. According to the witness’s testimony of the summary of the grounds for appeal (misunderstanding of facts), the fact that the defendant and the person requesting the attachment order (hereinafter “the defendant”) committed an indecent act against the victim who is unable to take the body under the influence of alcohol can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination

A. In full view of the reliable parts of the witness’s statement and other evidence shown in the record of this case, the lower court held that the Defendant, at the time and place specified in the facts charged, was in the chest of the victim, who was frighten and was in the chest of the victim. However, in full view of the circumstances as stated in the lower judgment in relation to the intention of indecent act, the lower court committed the Defendant’s act, such as having the victim aware of, or let the victim take the hand on the shoulder, with the intent to commit an indecent act by taking advantage of the victim’s resistance impossible condition.

On the ground that it is difficult to see that the charged facts of this case were acquitted.

In light of the records, the above judgment of the court below is just, and there is no error of misconception of facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

B. As a part of the case for which the application for an attachment order is filed by a prosecutor on the case of the defendant, the appeal shall be deemed to have been filed regarding the case for which the application for an attachment order is filed in accordance with Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment

However, the prosecutor did not submit any grounds for appeal regarding the request for attachment order, and the judgment of the court below can not be examined and reversed ex officio.

3. As such, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is to observe and observe Article 364(4) of the Criminal Procedure Act, and to protect specific criminal offenders.