The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the lower court, despite its acknowledgement of the fact that the Defendant committed an indecent act by taking advantage of the E’s impossibility of resistance, committed an unlawful act that affected the conclusion

2. The judgment of the court below that "the defendant committed an indecent act by taking advantage of the E's impossibility of resistance from the inside of his beauty room from January 2, 2016 to December 21:10, 2016" is admissible as evidence consistent with the facts charged in the instant case.

There is a statement of E that the defendant was unable to be able to flurd after the flurd, and returned to the house and flurd, and the defendant was flurd with her chest, flurd, and flurd with flurd with her clothes."

However, comprehensively taking account of the following circumstances acknowledged by the record of the instant case, the evidence submitted by the prosecutor alone is insufficient to recognize that the instant case was in a situation where E was unable to resist because it lost consciousness at the time, or that the Defendant was in a situation where E was unable to resist, using such a state of resistance, and that the Defendant was in a state of chest E’s chest, distribution, and negative part of E, using such state of resistance. There is no other evidence to acknowledge this otherwise.

① In the urine of E secured around 05:40 on January 3, 2016, the Defendant was found to have detected algorastom and alvine proton, which is a algorastal stability control, but at the time of the instant case, the Defendant added the foregoing medicine to E.

There is no evidence to prove that lurgeds were dry.

(2) At the time of the instant case, he had lost consciousness.

On January 2, 2016, e, January 2, 2016, e, the post of E, paid the cost of the procedure by credit card at the beauty room operated by the Defendant, and driving a motor vehicle and returning the motor vehicle.

③ In light of the fact that confusion may occur due to the side effects of Alflalim, the Defendant’s clothes above the clothes at the time of the instant case are as follows.