The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (in fact, misunderstanding of the legal principles) victim’s statement, etc., it is recognized that the Defendant intentionally frightened the victim’s shoulder and chest, as he saw the victim’s frighten, etc., and this constitutes an indecent act that causes sexual humiliation to the general public and is contrary to good sexual morality.

Therefore, even if the charge of this case is found guilty, the court below erred by misunderstanding of facts and misunderstanding of legal principles that affected the judgment.

2. Determination

A. The summary of the facts charged is the complainant B (Y, 50 years of age) and the person who is in a relationship with the originals of elementary schools.

On March 25, 2017, around 22:30 on March 25, 2017, the Defendant, within “D” located in Suwon-gu, Busan, was able to look at a meeting of students from an elementary school and talk with others.

Accordingly, the Defendant, while under the influence of alcohol, committed an indecent act by force against the complainant by forcing him, such as putting him to the rear by hand as he gets walk as he was waled in the front.

B. The judgment of the court below and the court below 1) acknowledged by the evidence duly adopted and examined, i.e., ① according to the statement of the complainants, the defendant tried to have his/her own ties and rapions in spite of other friendships even though he/she was able to see, without any opportunity or reason, while entering the same place at the main place where 8 to 10 persons are opened at an elementary school. However, according to the relation between the defendant and the complainants, the relationship between the witness and the complainants, each witness's statement made under the following, it is difficult to believe it as it is, ② the consistency of each statement of the witness E (the only witness witness who was adjacent to the complainants and the complainants, the witness's attitude, and each written application of G and H, which were adjacent to the complainants at the time of the case.