The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the charge in this case, although the defendant could sufficiently have committed an indecent act against H under the age of 13, and the court below found the defendant not guilty of the charge in this case. In so doing, the court below erred by misapprehending the rules of evidence and mistake

2. Determination

A. The Defendant, on October 13, 2016, posted a path in front of the cafeteria “G” restaurant near the E elementary school located in Chungcheongnam-si, Namyang-si, Namyang-si on October 13, 2016.

The following H’s view was added once to H (the name, south, 8 years old) by booming them to H, and the open boomer of H was set up to H, and the panty was spreaded to H by inserting the fingers into an open boomer.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age.

B. In light of the following circumstances admitted by the lower court based on the comprehensive examination of the adopted evidence, the lower court determined that the evidence presented by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the Defendant’s panty part of H’s sexual organ by inserting panty panty as shown in the facts charged in the instant case by inserting the panty part of H, as well as the evidence submitted by the prosecutor.

On the ground that it is difficult to see it, the lower court acquitted the instant charges.

1) The fact that the Defendant, at the time and place of the instant case, moved to H to the date and place of the instant case, was placed with the view of the next H once, and that the Defendant raised the open boomer of H is recognized.

2) As evidence consistent with the fact that the Defendant puts panty by inserting fingers into H’s terropos, the Defendant has the CCTV images taken at the time of the instant case, H’s statement in video recording CDs, and witness I’s police statement.

A) As such, CCTV images appear on the screen and deemed that H points out about the spread from the Defendant do so more than 2 times, the Defendant is able to see the Defendant’s Da and luh hand, and h’s view is added to H.