The defendant shall be innocent.

1. The summary of the charge is as follows: (a) the Defendant was on October 9, 2016 at the frontway of Gangseo-gu Seoul Metropolitan Government around October 03:15, and he was on his own operation.

C The victim D(Influence, 19 years old) was on the back fluence while under the influence of this alcohol, and the kn's body was moved to the fourth E near the kn's body to commit an indecent act against the kn's victim.

After parking the above taxi on the road in the vicinity of E, the defendant placed the victim in a state of her ability to resist while under the influence of alcohol on the back seat, and her chest, her butt with his or her chest, and her negative part was met at several times.

2. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or incompetence status shall be punished as the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act.

Here, the state of impossibility of resistance is called

Article 297 and Article 298 of the Criminal Act refer to cases where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than loss of mental or physical capacity (see Supreme Court Decision 98Do3257, May 26, 200, etc.). In addition, in a criminal trial, the burden of proving the facts charged lies on the prosecutor, and the degree of proof should be based on the evidence with probative value that makes it possible for the judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt.

In light of the above legal principles, this case is examined.

Comprehensively taking account of the evidence duly adopted and examined by this court, the victim of drinking alcohol was on October 9, 2016 (the day of this case) 03:15, and the defendant was on board the taxi; the defendant was on board the taxi while moving the taxi; the defendant was temporarily stopped on the road between 03:17 and 03:18; the fact that the plaintiff was on board the taxi again and stopped for about four minutes near the E in this case from 03:19 to 03:23; the fact that there was physical contact between the defendant and the victim; the victim was on the victim's own taxi, and the victim was on board the taxi, and the help was changed.