The prosecutor's appeal is dismissed.

1. Summary of the facts charged and the judgment of the court below

가. 공소사실의 요지 피고인은 2017. 7. 8. 16:30 경 서울 송파구 C 건물 지하 1 층 D 매장 안에서 주문을 하기 위해 피고 인의 뒤에 서 있는 피해자 E( 여, 62세) 을 발견하고 피고인의 팔꿈치를 들어 올려 피해자의 가슴을 꾹 눌러 피해자를 강제로 추행하였다.

B. As to the judgment of the court below, the court below held that there was an intentional act on the part of the evidence presented by the prosecutor.

It is difficult to see that there is no other evidence to acknowledge it, and thus, the defendant was acquitted.

2. The lower court acquitted the Defendant of the instant facts charged, even though the Defendant’s intentional indecent act was found on the gist of the grounds of appeal.

Therefore, the court below erred by misapprehending the legal principles and adversely affecting the judgment.

3. Determination on whether a deliberation was made

A. The Defendant’s assertion that the Defendant brought a scream back to both descendants and found the victim who was even worn behind by the Defendant, and did not take the victim’s chest with his intention to commit an indecent act in order to prevent any further access.

B. As evidence consistent with the facts charged in the instant case, each of the video CDs (No. 7 No. 5 of the evidence list) and the victim’s legal and police statements are made.

In light of the above video CD’s screen image of the video recording, the defendant received two sofaft 2 in each hand and returned to the right side, and the immediately preceding injured party accessed the cell phone screen to the right side of the defendant to the extent that it is not necessary to take an additional approach, such as moving the defendant to the right side of the victim or seeing the body, etc., the defendant returned to the right side of the defendant, and the injured party pushed the victim's chest with the left part part of the victim's chest, and the victim also blue the defendant's arms on the part of the defendant's arms.

This is, however, the following.