The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be acknowledged that the defendant committed an indecent act against the female by taking advantage of the situation where it is impossible to resist D (the name of the female, the age of 28) and then attempted to steal his/her mobile phone.

Nevertheless, the judgment of the court below that all of the facts charged of this case constituted a case where there is no evidence of crime.

2. Summary of the facts charged in this case

A. Before December 13, 2014, the Defendant, a quasi-indecent act, was a taxi driver who operates Csi, and arrived in front of G in Jung-gu Seoul, Jung-gu, Seoul, where he/she was located in Eul-ro located in 1 Dong-ro, Jung-gu, Seoul, with a passenger D (Ga name, 28 years old, and 45 years old) and the victim’s workplace club E (45 years old) on December 13, 2014.

The Defendant discovered that the victim and E were locked in depth under the influence of alcohol, and committed an indecent act on the part of the victim by protruding his body from the driver’s seat and extending her hand to five times.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

B. The Defendant attempted to larceny one cellular phone in the market value of the victim’s possession by putting the victim’s hand into the catering machine, after committing an indecent act against the victim at the time, time, place, etc. described in paragraph (1). However, the Defendant did not commit such an attempted act with the wind of the victim’s diving or protesting against the Defendant.

3. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

Of the evidence submitted by the prosecutor, there are several written statements of D and E, written statements of prosecutor about D and E, written statements of prosecutor about D and E, written statements of police about D and E, written statements of D and E, written statements, written statements, written statements, written statements, written statements, and written complaints.

However, by record.