The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant is a person working as the director of the division division belonging to the luminous viewing D and the victim E (the age of 23) is a public official appointed as the director of the Mayang-si Office on February 1, 2017 and serves as a public official belonging to D and F Team during the probation period.

On May 10, 2017, the Defendant, at G H restaurant located in G on May 10, 2017, was drinking alcohol together with I, J, and the victim, who is an employee of the same department D and affiliated therewith. On the same day, the victim, who met around 20:50 on the same day, went out of the above restaurant, to drive away the victim after leaving the restaurant.

On the other hand, the defendant continued to report the victim who sited in the above restaurant before the above restaurant by causing the victim's scam, scam, knife the victim's scam, and knife the victim's body, and knife the victim's body, knife the victim's body without any proper body, knife the victim's body, knife the victim's body, knife the victim's body on the side of the above restaurant, and knife the victim's chest and knife the victim's knife by hand, and knife the victim's chest and knife the k

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). Meanwhile, Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of a human mental or physical loss or incompetence condition shall be punished as a crime of rape or indecent act under Articles 297 and 298 of the same Act.