The prosecutor's appeal is dismissed.

1. The Defendant’s act of entering the facts charged in the facts charged by the Defendant does not constitute an indecent act solely on the grounds of the circumstances stated in its reasoning, even though the victim stated consistently that he/she suffered a serious sense of shame and displeasure, as well as the act itself constitutes an act of indecent act.

In the judgment of the court, it erred by misapprehending the legal principles on indecent act in the crime of forced indecent act.

2. The lower court determined based on the facts acknowledged based on evidence, namely, the relationship between the Defendant and the victim, the circumstances leading the Defendant to act as stated in the facts charged at the time of the instant case, the circumstances leading to the Defendant and the victim, the specific attitude of the Defendant and the victim’s response thereto, the victim’s response thereto, and the circumstances leading to the victim’s accusation, etc., the evidence submitted by the prosecutor alone cannot be deemed to constitute an indecent act in the crime of indecent act by force. In the case of Article 2 of the facts charged, the injured party was unable to resist due to the Defendant’s assault or intimidation or the habition of such act.

On the ground that it is difficult to see that all the charges were acquitted.

Examining the records in light of the legal principles as seen by the court below, the above judgment of the court below is acceptable, and there were no errors by misapprehending the legal principles on indecent act in the crime of forced indecent act.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.