The prosecutor's appeal is dismissed.

1. The prosecutor asserts that the court below's judgment which acquitted the defendant on the ground that the defendant committed an indecent act against the victim who was locked as stated in the facts charged cannot be deemed to have committed an indecent act on the part of the prosecutor, and that the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendant in the instant charges is a restaurant employee, and is a customer who is frequently located in the E main shop located in the Jinju-si operated by the victim C (V, 47 years old).

around 02:00 on August 10, 2014, the Defendant: (a) discovered that the victim was locked in a simplified bet while under the influence of alcohol; (b) caused the victim’s sexual desire; and (c) caused the victim’s kising of the chest and the chest by drinking the knife; and (d) committed an indecent act against the victim under the influence of alcohol, such as drinking by inserting the knife with the knife and drinking the knife with the knife.

B. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds as indicated in its reasoning.

C. According to the evidence duly adopted and examined by the court below, all of the circumstances stated by the court below are recognized.

이에 더하여 피해자는 수사기관에서는 ‘술에 취해 잠을 잘 때는 아무런 기억이 없다가 남편이 불러 일어났을 때 피고인이 팬티 안으로 손을 넣어 음부를 만지는 것을 보았다’는 취지로 진술하였으나 원심 법정에서는 ‘피고인이 음부 등을 만지는 느낌이 들어 잠에서 깼다‘는 취지로 진술하여 피고인의 행위를 인지한 경위에 대한 진술에 일관성이 없는 점 등을 종합하면, 검사가 제출한 증거들만으로는 피고인이 잠이 든 피해자를 추행하였다는 점이 합리적 의심의 여지가 없을 정도로 증명되었다고 볼 수 없다.

Therefore, the judgment of the court below that acquitted the facts charged of this case is justifiable.