The prosecutor's appeal is dismissed.

1. In light of the fact that a person who suffered damage from the gist of the grounds of appeal makes a concrete and consistent statement about the fact of damage, the Defendant stated to the effect that the victim was physically contacted at the time of interrogation of the police suspect, and the contents of CCTV images coming from the platform after the Defendant getting off the subway platform, etc., according to the evidence submitted by the Prosecutor including the victim’s statement and the evidence submitted by the Prosecutor, the Defendant is sufficiently aware of the fact that the victim committed an indecent act

Nevertheless, the court below rejected the victim's statement without reasonable grounds and found the victim not guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The Defendant, around March 30, 2015, committed an indecent act on the part of the Defendant by coercioning the victim F (the age of 31) who was on the stairs in the subway E Station No. 4 located in Dobong-gu Seoul Metropolitan Government on March 30, 2015, and was going to commit an indecent act by deceiving the victim’s right chest with a bad hand.

3. The judgment of the court below and the party deliberation

A. The lower court’s judgment, in light of the following circumstances acknowledged by the evidence duly admitted and investigated, the evidence alone presented by the prosecutor alone, to the extent that there is no reasonable doubt, was proven as to the facts charged.

It is difficult to see otherwise, on the grounds that there is no evidence to acknowledge that the defendant committed an indecent act with the intention of committing a criminal act, and there is no other evidence to acknowledge that the defendant committed an indecent act with the intent of committing a criminal act, the court rendered a judgment of

According to the subway 4 line E station platform and set CCTV images, a person who was physically contacted with the victim is highly likely to be the defendant (round the occurrence of this case, the defendant passed a set to the place where the occurrence of this case was occurred and the stairs are lowered to the place where the case occurred.