The prosecutor's appeal is dismissed.

1. Determination on the prosecutor's assertion of mistake of facts

A. Even though the alleged defendant was found to have committed an indecent act against the victim D's shoulder several times, the court below found the defendant not guilty of this part of the facts charged.

B. In a case where there is no new objective reason to affect the formation of a documentary evidence in the appellate trial’s trial process, and there is no reasonable ground to deem that the determination by the first instance court was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair due to a violation of logical and empirical rules, etc., the determination on the recognition of facts in the first instance deliberation shall not be allowed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court’s judgment on the ground of detailed circumstances, such as the content of the victim’s statement by the police, whether the teacher consulted with the victim was in charge of the victim first, as well as the contents of the victim’s answer to the questions asked by the counseling teacher, and thus, based on the following circumstances, the Defendant’s act of taking charge of the D’s shoulder constitutes an act that objectively causes sexual humiliation or aversion and thus infringes on the victim’s sexual moral norms, thereby infringing on the victim’s sexual freedom or an indecent act committed by the Defendant.

It is difficult to conclude it.

In light of this, the lower court acquitted this part of the charges.

There is no reasonable ground to deem that it is remarkably unfair to maintain the judgment of not guilty portion as it is in violation of logical and empirical rules that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts was inconsistent with logical and empirical rules.

B. There is no objective reason to affect the formation of a documentary evidence in the process of the court's hearing.

The lower court was justifiable to have acquitted this part of the facts charged.

The prosecutor's assertion is not accepted.

2. A prosecutor;