The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal includes cases where the crime of indecent act by compulsion is deemed to be an indecent act in itself (hereinafter “sexual indecent act”), and despite the fact that the Defendant’s sexual intercourse with the victim constitutes “sexual indecent act”, the lower court erred by misapprehending the facts and acquitted the Defendant.

2. The judgment below held that even if the assault and threat itself recognizes the indecent act, which is an indecent act, as a crime of indecent act by compulsion, it is reasonable to view that the crime of indecent act is established only when the assault and indecent act is committed at the same time only when the victim’s sexual self-determination is infringed by violent behavior, and the victim’s sexual self-determination is crepitably realized at the same time. In full view of the circumstances as indicated in the reasoning in the records, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts that the defendant committed indecent act by means of “brus or intimidation to the degree that it is difficult to resist” or “sexual indecent act,” and the defendant

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no violation of law of misunderstanding of facts alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.