성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is consistent and specific, and the facts charged in this case can be seen as sufficiently proven, in light of the consistent and specific facts of the victim's statement. In full view of the body appearance directly prepared by the victim, etc., the court below found the victim not guilty of the above facts charged, without reliance on the victim's statement, without examining evidence and evidence as to video recording the victim's one-time police investigation process. Thus, the court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged in the instant case became aware of the victim F who attends the Eccom Association while carrying out remodeling works at the Eccom Association located in Ansan-si, 2007, and became aware of the fact that the victim was aware of his intellectual disability 2 while obtaining assistance from the victim in the course of performing construction works and became aware of the fact that the victim was aware of his/her intellectual disability 2 and his/her
1) On September 26, 2011, the Defendant committed the crime around 17:00 on September 26, 201, 201, in the “HVD bank” located within Ansan-dong-dong-dong-si (hereinafter “HVD bank”) around September 17, 201, the Defendant: (a) placed the victim’s clothes in the victim’s condition of non-performance of defense due to mental disorder; (b) taken the victim’s fingers into the part; (c) kis in the part of the victim; (d) kis in the part of the victim; and (d) kis in the part of the victim; and (e) kis the victim’s fingers into the part of the defendant’s seat; and (e) committed the crime on September 19:00 on September 26, 201, the Defendant exceeded the victim’s inner seat of the victim, and (e) took off the victim’s seat above the victim’s inner seat of the victim’s k, and the victim’s rear seat.