The prosecutor's appeal is dismissed.

1. According to the victim's statement, etc. of the summary of the grounds for appeal, the court below found the defendant guilty of each of the charges of this case, although it can be sufficiently recognized that the defendant committed an indecent act by force against the victim.

2. Determination

A. The summary of the facts charged in the instant case is a C-sports teacher in Goyang-gu, Yangyang-gu, Yangyang-gu, and the victim D (name, leisure, 14 years old) is a student of the said school.

1) The Defendant, at around May 2019 from May 201 to June of the same year, provided sports classes in C Athletics, and, at the same time, committed an indecent act against the victim, who was a child or juvenile, by forcing the victim to commit two to three times the chests of the victim (hereinafter “instant charges 1”).

(2) Around September 2019, the Defendant: (a) committed an indecent act by force against the victim, who was a child or juvenile, while conducting a consignment in the first floor C’s office; (b) was sparing the victim in following the school; and (c) committed an indecent act by force against the victim, who was a child or juvenile.

(hereinafter “instant facts charged”). B.

In the relevant legal principles, the burden of proving the facts constituting an offense prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true enough to have a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). C.

1) The lower court determined as to the facts charged in the instant case 1). The lower court stated that ① the victim stated the student confirmation document prepared around September 24, 2019 that “the Defendant brought the Defendant to the chest, and the point the Defendant knife knife knife knife knife knife knife knife knife k