The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, although the defendant could sufficiently have committed an indecent act against the child E, which is a juvenile. The court below erred in the misapprehension of facts.

2. Determination

A. On October 21, 2017, the Defendant found E (n, 16 years of age) at performance halls adjacent to the exit zone located in Eunpyeong-gu Seoul Metropolitan Government, on 3 occasions, and accessed E (e.g., the 16 years of age) following E, thereby gathering the Defendant’s bridge between Ebucks and sticking the Defendant’s sexual flag into the part of E, and then committing an indecent act, such as holding off the part of E with non-high and knive knick, and making the Defendant’s sexual flag fast back to E.

Accordingly, the defendant committed an indecent act by force against child E as a juvenile.

B. The lower court’s judgment may not exclude the possibility that E would mislead the Defendant as an offender, in light of the following circumstances, which are acknowledged by comprehensively taking account of the adopted evidence, and the evidence presented by the prosecutor alone that the Defendant committed an indecent act in the instant case.

On the ground that it cannot be readily concluded, the lower court acquitted the instant facts charged.

1) The gist of E’s statement is as follows: (a) there was a youth cultural axis at the performance hall next to the exit area No. 3 calendars on the day of the instant case.

E, on October 21, 2017, in the middle of the audience seats at around 20:0, in the middle of the audience seats, they viewed the singing performances of the Bande.

그때 어떤 남자( 이하 피고인과 구별하여 ‘ 범인’ 이라 한다) 가 E의 뒤로 접근하여 E의 허벅지 사이에 다리를 집어넣고 성기를 E의 엉덩이 부분에 밀착시킨 후 위아래로 비볐다.

E confirmed the criminal's appearance by blue body and blueing the criminal's body.

B) at the time sees the degree of reflect of the offender’s face to the port (on the basis of the co-section). The offender was kid, was kid, was kid in the face, and the age was 50 second half.

Uniforms, clothes, etc.