The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities), among the facts charged in the instant case of mistake of facts concerning the Defendant case, the victim was prosecuted for rape of persons with disabilities because of the victim’s intellectual disability. According to each statement recording CD, which is the evidence submitted by the prosecutor, even though the victim’s intellectual disability was clearly revealed, the court below determined that it is difficult to believe the victim’s statement on the ground of some differences in statements that may frequently occur in the case of intellectual disability, and that the court below

The sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) (hereinafter referred to as the “Defendant”) is too uneasible and unfair.

In a case where a defendant is found guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes in the part of the claim for attachment order, and is sentenced to a sentence, the defendant is highly likely to repeat the crime, taking into account the circumstances leading to the crime of the instant sexual crime and the fact that the defendant committed the sexual crime against the victim vulnerable to the crime, despite having had the record of having

Therefore, it is necessary to attach an electronic tracking device to the defendant.

Judgment

With respect to the assertion of mistake of facts regarding the part of the defendant's case, the court below is the only statement of the victim that is admitted as evidence that conforms to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) among the charged facts of this case. In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim's statement cannot be recognized as credibility, and thus, it is difficult for the defendant to believe it.