The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The victim of a mistake of facts (not guilty part) has a mental disorder to the extent that he/she is unable to exercise his/her right to sexual self-determination while having a speech understanding ability and judgment ability.

On the contrary, the lower court acquitted the Defendant on the charge of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (rape-rape, etc. against the disabled) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with the disabled).

The sentence of unfair sentencing (the part on the charge of oil) by the lower court (two years and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

The judgment of the court below that dismissed the request for the attachment order of this case on the ground that the victim with a mental disability committed a sexual crime and is likely to recommit a sexual crime in light of the background of the crime, the environment, character and conduct, etc.

Judgment

With regard to the assertion of mistake on the part of the accused case, the summary of the facts charged in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (rape-rape, etc. against the disabled) did not clarify the victim's permission of sexual intercourse and expression of intent to refuse due to intellectual disability while the victim committed assault against the victim.

At around 10:30 on April 23, 2007, the Defendant had sexual intercourse with the victim by inserting the victim’s fingers into the body of the Defendant and the victim, who reported TV at the home of the Defendant and the victim, by inserting his fingers into the body of the victim, and putting the victim’s chests into the body of the victim, and inserting the sexual flag into the body of the victim, thereby making the victim sexual intercourse with the victim by using the victim’s state of being unable to resist due to mental disorder.

At around 10:15 on July 25, 2007, the Defendant, who was divingd at the above place, took off the victim from walking, and inserted his sexual organ into the part of the victim’s sound.