The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence, such as the statement of the victim, the defendant has repeatedly or intentionally set up the right side of the victim, and even if the victim's resistance and refusal is clearly aware of the victim's intent to refuse it, the defendant committed an indecent act by force on the part of the victim.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case by indecent act is erroneous in misconception of facts and misapprehension of legal principles.

Judgment

On March 22, 2014, around 03:20 on March 22, 2014, the summary of the facts charged is that the Defendant, within the “Ejuk point” of the first floor under the Mapo-gu Seoul Mapo-gu Seoul (Seoul) of the Defendant’s operation, kiddddd the victim with the victim by going to face and talking with the victim, he was able to set up or write down the right shoulder on the part of the victim with a hand, and even though the victim expressed his intention of refusal, the Defendant continued to commit an indecent act by continuously setting up the part of the victim’s arms with his hand.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated as well as the circumstances leading the victim to the punishment of the defendant, the lower court determined that the Defendant’s act of deceiving the victim’s arms constitutes an indecent act, which causes sexual humiliation or aversion to the general public beyond the level that it was somewhat unreasonable or adequate, and is contrary to good sexual moral sense, and constitutes “indecent act.”

It is difficult to conclude that there was an intention to commit an indecent act against the defendant, and to determine that there was no other evidence to acknowledge it, and the defendant was acquitted.

At the same time, the victim-friendly G was living together with the victim and the defendant-friendly G was living together with the main points of the operation of the defendant (hereinafter "the main points of this case").

The main point of this case was to be open to the public, and many people, other than the defendant, H, victim, and G, are the main point.