The prosecutor's appeal is dismissed.

1. 항소 이유의 요지( 사실 오인 내지 법리 오해) 이 사건 당시 초등학생인 다른 아이가 피해자의 피해사실을 목격하고 피해자의 모에게 말할 정도였고, 피해자는 피고인의 행위로 인해 기분이 나빴다고

A statement, the victim and the defendant were the initial pages, and the defendant committed an act identical to that stated in the facts charged to protect his own children.

However, considering the fact that the above argument is inconsistent with CCTV images, the defendant's act constitutes an indecent act and the intent of indecent act is also sufficiently recognized.

Even so, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged was around 23:50 on February 14, 2020, the Defendant discovered the victim D (one, five years of age) who gets out of the stairs adjacent to the slive fordrums installed in the Cheongju-si Office B, Cheongju-si, Cheongju-si, and used the victim's side gate and side gate with the left hand knife with the victim's side knife with the left hand knife and knife with the victim's side knife with the left hand knife, kbbbbb.

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

B. The lower court’s judgment is based on the following: (a) the trial proceedings were conducted in the citizen participation trial, followed by the jury verdict (not guilty on the part of 7 people), and (b) the Defendant participated in the meetings of the parents of child-care centers accompanied by his/her child, and the circumstances leading up to the Defendant’s physical contact with the victim from the play room where many children and children play, the objective situation surrounding him/her, and the Defendant’s behavior committed in CCTV video, and the evidence submitted by the prosecutor alone that the Defendant’s act constitutes “indecent act” in the crime of coercion; and (c) the Defendant committed an indecent act.