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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, including each statement of the victim's investigative agency and the court of original instance, which correspond to the facts charged in the instant case, the court below found the victim not guilty of the facts charged on the grounds as stated in its reasoning, despite the fact that the defendant had sexual intercourse with the victim by exercising the victim's power, as described in the above facts charged, even though he was aware that the victim has a physical and mental disability, such as the above facts charged, even though he was well aware that
2. Determination
A. The summary of the facts charged was the relationship in which the Defendant received the victim C (V, 38 years of age) through his/her friendship on July 2015 and exchanged with one another.
The victim has a physical disability due to the inconvenience of both legs, and as a person with a disability of class 2 of intellectual disability, the victim was growing 12 years of age as an unmarried mother in the case of a party.
around 01:00 on February 3, 2016, the Defendant: (a) putting a female out of the victim’s house to a vehicle driven by a new passenger; and (b) putting the victim “Is no longer spath old in the house” to the victim’s “Is the victim who believed it to be “Is that Ispath in the nearest telecom, Ispath, I do not go to do so; and (c) ran the victim who believed it to be “Ispath in the middleest telecom, Ispath” located in the captain-gun of Busan.
On February 3, 2016, at around 01:40, the Defendant: (a) 01:40 on February 3, 2016, 50, she was expected to sit on the bed and reported on a smartphone, and she was allowed to put the finger in the inner part of the female; (b) she was allowed to put the son on the bed and refused to do so; (c) she was forced to put the son’s hand on the bed on the bed part of the bed; (d) she was forced to put the son’s head, cut off the her head and her clothes; and (d) she was sexual intercourse once with the Defendant.
Accordingly, the defendant has a physical or mental disability by force.