The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor, such as the mistake of facts by the victim, etc., the court below found the defendant and the person requesting an attachment order, or the person requesting a probation order (hereinafter “defendant”) guilty of the crime of indecent act against the victim, and found the defendant not guilty of the facts charged in this case.

B. It is unreasonable for the court below to dismiss the defendant's request for an attachment order of an electronic device and a request for a probation order, even though there is a risk that the defendant would recommit a sexual crime.

Judgment

A. On May 20, 2019, around 16:40 on May 20, 2019, the Defendant committed an indecent act by force against the victim by putting the victim’s chest on the second hand with the second hand, who was a prisoner in the same room in the Daegu prison room located in the Daegu-gu Seoul Special Metropolitan City Sschorobro 2624, and by stating that “the victim’s chest is good as a woman.”

B) Around 16:40 on May 21, 2019, the Defendant, at the above place, told that the victim would be released with the word “scam fast,” and committed an indecent act by force against the victim by putting the victim’s breast part on both hand. 2) In light of the following circumstances, the lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to deem that the instant facts charged were proven without any reasonable doubt, and that there is no other evidence to acknowledge otherwise. (A) The Defendant classified the instant facts charged into action and horse due to cerebral disease, etc.; (b) the Defendant appears to have been 11 suicide and bullying from the victim; and the Defendant appears to have somewhat posted these victims. (b) The Defendant was able to accept the victim, such as the victim, which was the victim.