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The prosecutor's appeal is dismissed.
Reasons
1. According to the CCTV images of the grounds for appeal, it is recognized that the defendant set the barto the chest part of the victim's chest by extending back the victim's grandchildren behind the victim, and that the defendant's upper fingers contact the victim's left chest.
It is difficult to see that the Defendant’s act of indecent act by compulsion did not have any negligence, and furthermore, it is reasonable to view that the Defendant’s act objectively causes sexual humiliation or aversion to the general public and goes against good sexual morality.
Nevertheless, the lower court rendered a not guilty verdict of the facts charged of this case has erred by mistake of facts.
2. The court below found the Defendant not guilty of the facts charged of this case on the ground that “In full view of all the circumstances, such as the fact of the judgment and the fact that the Defendant was divided into the above facts and the Defendant appeared to have never been able to take a leading part, such as speech and behavior, and the appearance of not to have reached a certain mental level, it is sufficient to see the Defendant as an act in which the Defendant asked the victim to give the victim a letter of friendship. On the other hand, it is difficult to judge that the Defendant’s above act goes beyond inappropriate and comfortable behavior, and it is difficult to judge that it constitutes an indecent act by force against the victim’s sexual freedom as an act in contravention of the good sexual moral sense, and it is difficult to judge that the evidence submitted differently was an indecent act by the Defendant’s intent of indecent act by force.”
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit.