The prosecutor's appeal is dismissed.

1. The court below acquitted the defendant of the facts charged of this case in spite of the fact that the defendant committed indecent acts by force. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination:

가. 공소사실의 요지 피고인은 인천 남구 C에 있는 ‘D’ 종업원으로, 2014. 7. 24. 14:30경 같은 노래클럽 종업원인 E(여, 19세) 일행과 어울려 술을 마시고, 노래클럽으로 돌아와 2번방에 들어 가 술을 더 마시고 노래를 부르다가, E이 술에 취하여 눈을 감은 상태로 소파에 누워 잠이 든 것을 보고는 E의 다리를 벌린 후 E이 입고 있던 핫팬츠 안쪽으로 손을 넣어 팬티 안으로 음부를 만졌다.

Accordingly, the Defendant committed indecent act against E by taking advantage of the state of difficulty to resist due to locking.

B. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that there was no reasonable doubt as to the facts charged that the Defendant committed an indecent act against E in view of the following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the lower court.

① At the date and place indicated in the facts charged in the instant case, E had sing the Defendant and the Defendant’s male-friendly room F and C with three music, and locked in that place.

E During the locking period, she did flickly committed an act as described in the facts charged, and the person who committed such an act did not confirm who thought that she is male-gu F.

② At the same time, E attempted to ask whether the F, who was fright next to him, committed an act as described in the facts charged by shouldering the F, but the F, who was in the waiting room for out-of-court employees, was not shouldered, and tried to inquire into whether the F, who was in the waiting room, committed an act as described in the facts charged.

The defendant stated in the facts charged.