The defendant shall be innocent.

1. 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.

2. The Defendant consistently asserts that there was no indecent act against E from the investigative agency to the court.

In light of the following circumstances according to the records, it is difficult to view that the evidence submitted by the prosecutor alone was sufficient to prove the facts charged that the defendant committed an indecent act against E, and there is no other evidence to acknowledge the facts charged.

Therefore, since the facts charged fall under the case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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 period of locking, he did flickly committed the same act as the facts charged, and the person who did such act did not confirm who thought that he is male-gu F.

② At the same time, E attempted to ask whether the F, who was fright next to him, was guilty of the same act as the facts charged, but the F, who was in the waiting room for out-of-court employees, attempted to find out the Defendant, thereby committing the same act as the facts charged.

When the defendant asserts that he did not perform the same act as that of the facts charged, E had a re-afforested F with the same act as the facts charged, and F had the same act as the facts charged.