The prosecutor's appeal is dismissed.

1. Although the court below acquitted the victim of the facts charged in the instant case, in light of the fact that the victim sent the F message that the victim requested assistance to G, sent the phone to request assistance, and the circumstances leading up to the report of damage are natural, etc., the defendant can be found to have committed an indecent act by force, the court below erred in misapprehending the legal principles.

2. Comprehensively taking account of the circumstances duly explained by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is difficult to find that the evidence alone, which was submitted by the prosecutor, proves that the Defendant committed an indecent act against the victim was proven without reasonable doubt, and there is no other evidence to

Therefore, the prosecutor's argument of mistake is without merit.

① 3 days after the occurrence of the instant case, the victim drafted a written statement at the police station, and “I were under the influence of alcohol. I did not memory how the Defendant was entering the house while under the influence of alcohol. I stated to the effect that I did not memory under the influence of alcohol as to the considerable part of the circumstances of the instant case, including “I were on the body of the Defendant, and on how I were on the body of the Defendant.”

(증거기록 2권 11쪽). 그런데 피해자는 그 후의 경찰조사에서는 “술을 마시기는 하였으나 귀가할 당시 멀쩡했다(증거기록 2권 36쪽). 귀가 후 침대에 앉아 N을 보고 있었는데, 피고인이 벨을 누르고, 출입문을 비집고 들어왔다. 내가 당황스러워서 침대에 걸터앉아 보고 있는데, 피고인이 냉장고에서 맥주캔을 꺼냈고, 내 양손을 침대바닥에 고정시키고 몸 위에 올라갔다(증거기록 2권 36, 37쪽)” 라는 등 피고인이 범행에 이른 과정을 상세히 설명하였으며, 원심 법정에서도 위와 같은 취지로 진술하면서 술에 취하지 않았다고 주장하고 있어, 진술의 중요...