The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the statements of the victim, CCTV images, text messages sent by the defendant, etc., even if the defendant was found to have committed an indecent act against the victim as stated in the facts charged in this case, the court below which acquitted the defendant, has erred by misunderstanding of facts that affected the conclusion

2. Determination

가. 이 사건 공소사실의 요지 피고인은 2018. 12. 27. 01:10경 인천 계양구 B에 있는 피고인이 운영하는 ‘C’에서 손님으로 온 피해자 D(여, 52세)을 보고 순간 피해자를 강제로 추행할 마음을 먹고, 아이스크림을 고르고 있던 피해자의 뒤로 다가가 갑자기 손으로 피해자의 왼쪽 엉덩이를 툭 치고, 계산대 앞에 서 있던 피해자의 뒤로 다가가 갑자기 손으로 피해자의 오른쪽 엉덩이를 툭 쳤다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. In full view of the following circumstances acknowledged by the records of this case, the lower court determined that it was difficult to view that the Defendant committed an indecent act with intent to commit an indecent act against the victim and committed an indecent act as stated in the facts charged, and that it was difficult for the lower court to have proven that the Defendant committed an indecent act with intent to commit an indecent act.

① The victim stated at the investigative agency that “I am ice cream at Aice cream, but I am rably am her left, and that I am her am her am her ambly, and the Defendant her son she was her son.”

In addition, the victim stated in the court of the court below that she became only a group of people, as the victim turns out the land.

If the victim's statement is made, it is necessary to clearly confirm the contact between the defendant and the victim.

However, in terms of CCTV images taken at the time, they are intended to be used.