The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) stated relatively detailed as to the background leading up to the place of occurrence of the instant case, the situation before and after the commission of the crime, etc., and that the Defendant was suffering from the victim. The above statements made by the victim are sufficient to serve as supporting evidence for the confession of the Defendant.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that there is no evidence to prove the confession of the defendant is erroneous in the misapprehension of legal principles

2. On August 22, 2014, around 06:30 on August 22, 2014, the summary of the facts charged is that the Defendant, within the Defendant’s vehicle parked behind the home fluor in the enclosed-dong of Daejeon Sung-gu, Daejeon, left the victim C (e.g., 26 years of age) who was divingd on the back seat to take the drinking together, and the Defendant was faced with the face near the Defendant’s shoulder and her face.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

3. Determination

A. The lower court determined that there was no evidence to prove the Defendant’s confession in full view of the following circumstances admitted by the evidence, and determined that the instant facts charged constituted a case where there was no evidence to prove a crime.

1. At the investigative agency and court of the court below, the victim stated that he was unaware of the indecent act by the defendant due to the lock at the time of the case, and the defendant could have contacted the victim with the investigative agency and court of the court below, but the defendant did not have the intention of indecent act but did not have the intention of indecent act, and stated that he was in an arbitrary contact only with the victim who was locked at the back seat.

Therefore, the direct evidence of the facts charged contains a recording of the criminal fact committed by the defendant in the process of dialogue with the victim, investigation agency and investigation agency.