The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the statements by the victim of mistake of facts, CCTV images, etc., the Defendant may sufficiently recognize the fact that he committed indecent act by force on April 16, 2018.

Nevertheless, the lower court found the Defendant not guilty of the indecent act by compulsion on April 16, 2018 among the facts charged in the instant case, erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too uneased and unreasonable.

2. Determination

A. The lower court acquitted the Defendant of the charge of indecent act by compulsion on April 16, 2018, on the ground that “The Defendant’s act constitutes an objectively infringing on the victim’s sexual freedom in light of the sexual moral sense in our times. In addition, it is difficult to deem that the Defendant had the intent to commit an indecent act while doing the above-mentioned act in Mart, 200, and there is no other evidence to acknowledge the facts charged in the instant case.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.

Therefore, this part of the prosecutor's argument is without merit.

B. It is recognized that the defendant did not agree with the victim on the issue of unfair sentencing, and that the crime of this case is not good.

However, it is also recognized that the Defendant recognized the Defendant’s crime of April 17, 2018 and reflects it, that the Defendant did not have the same criminal record, and that there was no other criminal record other than the punishment of a fine once due to the crime of injury, and that the degree of indecent act by force on April 17, 2018 of the instant case is relatively weak.

In addition, the sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and results, and the circumstances after the crime.