The prosecutor's appeal is dismissed.

1. According to the statements made by the victim D (one, nine years of age), the credibility of the grounds for appeal (the fact-finding), it is recognized that the Defendant, as described in the facts charged in the instant case, committed indecent act by compulsion of D by force.

Nevertheless, the lower court rendered a not guilty verdict of the facts charged of this case has erred by mistake of facts.

2. Determination

A. In light of the circumstances acknowledged by the evidence duly adopted and examined, the lower court found the Defendant guilty of the instant facts charged on the ground that it is difficult to readily conclude that the Defendant intentionally committed an indecent act against D, as recorded in the instant facts charged, was clearly proven without any reasonable doubt, and that there is no other evidence to acknowledge it.

B. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated by the lower court and the lower court, the Defendant cannot be deemed to have proven, without reasonable doubt, that the Defendant committed indecent act by force against D by force, by raising two descendants on the two shoulders of D as indicated in the instant facts charged, and by raising D to the lower part of D.

Therefore, the court below was just in finding the Defendant not guilty of the facts charged of this case, and there is no erroneous determination of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

1) At the time of the instant case, D appears to have intentionally expressed a statement that corresponds to the facts charged in the instant case, because D was unable to directly see the Defendant’s act. However, as D did not directly see the Defendant’s act, it is difficult to clearly know which intention the Defendant had and committed such act. 2) D is limited.