The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts and legal principles), the victim’s age, relationship between the defendant and the victim, mode of conduct, victim and witness E, etc., the judgment of the court below which acquitted the defendant of the facts charged in this case even though the defendant’s act constitutes an indecent act and it can be sufficiently recognized that the defendant had committed an indecent act, thereby affecting the conclusion of the judgment.

2. Determination

A. On April 13, 2020, the Defendant: (a) around 15:40 on Apr. 13, 2020, at the Cheongju-gu Cheongju-si apartment apartment C, the Defendant reported the victim D (name, remaining, and aged 5) who scar in front of the Cheongju-dong apartment C, and raised the victim by drinking the victim with a view to committing an indecent act.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

B. The lower court rendered a not guilty verdict on the instant facts charged for the following reasons after having proceeded with the trial proceedings in the citizen participation trial.

A) The Defendant 5 years of age, who is a mixed son, she set up the victim by putting her two arms to stop, and then she set up the victim, and the victim was found to have immediately come out of the Defendant’s body. In light of the method and parts of physical contact and the statement of the victim and witness, there is doubt that the Defendant did not commit an indecent act against the victim.

B) However, comprehensively taking account of the following circumstances, the evidence submitted by the prosecutor alone leads to an indecent act that causes sexual humiliation or aversion to the general public beyond the exercise of improper tangible power against the victim, or that there is insufficient evidence to acknowledge the intention of indecent act, and there is no other evidence to acknowledge it.

(1) The defendant thought that the form of the victim he/she was on board was dangerous.