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The prosecutor's appeal is dismissed.
Reasons
1. In full view of all the evidence such as the consistent statement of the victim of the grounds for appeal, there is an error of mistake of facts in the judgment of the court below which acquitted the defendant, even though the facts charged in this case are recognized.
2. The lower court determined that it is difficult to view that there was no reasonable doubt that the Defendant committed an indecent act, such as rhyming and spreading the victim’s malm in the subway, while explaining the grounds in detail in the “2. Judgment” portion of the lower judgment, to the extent that there is no reasonable doubt.
In light of the evidence duly admitted and investigated by the court below, there is no additional evidence submitted in the trial, and a thorough examination of the above judgment by the court below in light of the evidence, the court below's finding this part of the facts charged is justified and acceptable, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts.
3. The appeal by the conclusion prosecutor is dismissed for reasons.