The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the legal principles or erroneous determination of facts against the defendant, although the defendant could acknowledge the facts of indecent act by force as stated in the facts charged in this case.

2. Determination

가. 공소사실의 요지 피고인은 재즈피아니스트로, 2014. 3. 29. 02:00경부터 03:00경 사이 서울 마포구 B에 있는 C에서 ‘팝업다이닝’ 공연을 마친 후 공연기획을 하였던 피해자 D(여, 34세), 공연스텝, 다른 연주자들과 함께 뒤풀이를 하였고, 마지막에 피해자와 단둘이 남게 되었다.

The Defendant saw that the Defendant was seated next to the victim who was seated in a sofash while stating that “I are male-gu, I do not leave,” and that the victim was fashed with the victim’s entrance and drinking, she was placed on the victim’s wall sofacing sofacing, she was facing the victim into a sofacion, and she was facing the victim’s bridge by putting the victim’s hand on the part of the victim.

Accordingly, the defendant committed indecent acts by force against the victim.

B. According to the evidence submitted by the prosecutor, the lower court determined that the Defendant committed the above act by assaulting or threatening the victim to the extent that it would make it difficult for the Defendant to resist the victim by intentionally committing indecent act in order to establish the crime of indecent act by compulsion. The lower court should have determined that the Defendant committed the above act by assaulting or threatening the victim to the extent that it would make it difficult for him to resist.

However, the following circumstances revealed by the evidence, i.e., ① the victim consistently stated that he/she was forced to commit indecent act by force from the Defendant, such as the above facts charged, but the victim’s statement.