The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding or misunderstanding of legal principles) is consistent with the statement that the victim had no memory after drinking the Defendant’s alcohol, and that the Defendant was satisfing his body and kis by attempting to kis, and there is no circumstance to deem that the victim had agreed to do so under the agreement with the victim, and if the victim did so after obtaining the consent of the victim, the victim’s statement may be reliable in light of the following: (a) the victim’s statement may be deemed to have been made in full view of the following: (b) the victim did not have any reason to satisfy the Defendant’s alcohol.

Nevertheless, the judgment of the court below which acquitted the facts charged of this case is erroneous by misapprehending the legal principles or misapprehending the legal principles.

2. Determination

A. The summary of the facts charged is that the Defendant had become aware of the Victim E (n, 35 years of age) by introducing a branch of a person around May 26, 2013, and there is a gap between the Defendant and the victim about five.

On August 17, 2013, at around 23:00, the Defendant sent the victim to a mutually infinite restaurant located in the Jung-gu Daejeon Metropolitan City, Daejeon, with the awareness that the victim had no mind of drinking, and used it to commit an indecent act against the victim. On the same day, at around 02:30 on the same day, the Defendant got the victim to the Gel 206 room in Seo-gu, Daejeon.

Under the influence of alcohol, the Defendant continued to place a victim without a mental disorder on his bed, and put the victim's chest into the victim's upper part and bed with his booms, booming the victim's chest, gathering the victim's her finger with the victim's her inner part, and holding the victim's her turb, and holding the victim's bur with the victim's her bur with the victim's her part.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental condition.

B. The lower court determined the following facts: (a) acknowledged the circumstances that the Defendant and the victim came to know and the background leading up to the entry into the telecom along with the day of the instant case.