The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant's physical part of E, like the facts charged, constitutes an indecent act by force, and at the time, the defendant was also guilty of indecent act by force.

However, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding facts.

2. The court below held that E did not think at the time when the defendant was satisfed by the defendant in the court of the court below as a female and did not think of the defendant's resistance.

Since there is no evidence to reverse the Defendant’s appeal that E was not a pipe of a sense of sexual shame at the time of statement, etc., and that E was a fright to move to E, the evidence submitted by the prosecutor alone has the intent to commit an indecent act against the Defendant or the Defendant’s act was forced.

It is not sufficient to recognize the recognition.

In view of the facts charged of this case, the defendant was acquitted.

살피건대, 원심이 적법하게 채택하여 조사한 증거들에 의하면, E은 수사기관에서 당시 누군가 어깨를 두드려 앞을 보니 피고인이 있기에 ‘ 뭐야 여자네 ’라고 생각했는데, 피고인이 자신의 오른쪽으로 와서 팔짱을 끼고 일으켰다고 진술하였고( 수사기록 제 29 쪽), 원심 법정에서도 피고인이 바닥에 앉아 있는 자신을 부축할 당시 피고인을 여자 또는 아주머니라고 생각했기 때문에 피고인에게 그대로 몸을 의지한 것이고, 위와 같은 피고인의 행동에 저항하지 않았다고

The defendant stated that he did not make any speech while moving to bennasium (No. 62 pages of the trial record), and that he did not ben the other body parts.

In light of these facts, the defendant made a statement (30 pages of the investigation records, 63 pages of the trial records). In light of these points, it would be possible to cause E which the defendant sits on the floor as stated in the facts charged.