The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of facts) as to coercion indecent act among the facts charged in the instant case, the victim stated that he gets a cab on the day of the instant case, entering a Vietnam restaurant where the victim met the Defendant and drinked rice yeast on the day of the instant case, and that he was unable to memory the Defendant’s indecent act from the Defendant; if the victim was not in a state of mental and physical loss or resistance which was under the influence of alcohol, it seems that there is no reason to defend the Defendant’s indecent act on the ordinary common sense; if the victim thought that she would be the victim’s response to skin’s indecent act, the Defendant was in a situation where the victim was able to contact the victim with the contact at the time of the instant case and return handbag by contact with the victim; and in light of various circumstances acknowledged by the evidence submitted by the prosecutor, the Defendant committed an indecent act by taking advantage of the victim’s state of mental and physical loss or resistance impossibility.

full recognition may be accepted.

In addition, with respect to larceny, the defendant took a handbag of the victim on the day of the case, and returned it to the victim seven days after receiving the phone from the investigative agency, and the defendant took any measure to return the handbag of the victim during the above period.

In full view of the facts that there are no circumstances to see, the Defendant stolen a handbag by the victim.

full recognition may be accepted.

Nevertheless, the judgment of the court below which acquitted the defendant on the facts is erroneous.

2. In full view of the relevant legal principles as stated in its holding and various facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the victimized person was in a de facto loss or incompetence, and that the Defendant committed indecent act by using the evidence presented by the prosecutor.