The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities), the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is established when the defendant makes indecent acts by compulsion of a victim with physical or mental disability, and there is no need for the victim to have a disability to specially protect the victim from exercising his/her right to sexual self-determination. In addition, the victim is unable to return home, and the victim is unable to talk if he/she does not wear the rest of ear hearing aids, and the victim is a disabled person with a disability that impedes the exercise of his/her right to sexual self-determination due to the full real name of one eye and the rest of ear hearing aids, etc.

Nevertheless, the court below found the victim not guilty of this part of the facts charged because the victim was disabled, but the disability does not need to be specially protected, and the defendant did not accurately understand the victim's disability condition, and further, the defendant denied the credibility of the victim's statement and made the defendant not guilty of this part of the facts charged. Thus, the court below erred by misapprehending the legal principles on the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of the

B. In light of the fact that the victim's statement is consistent about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Aggravated Punishment, etc. of Specific Crimes, and the violation of the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and the recording of the contents of intimidation by the defendant, etc., it can be recognized that the defendant used violence to inflict bodily injury on the victim, the defendant used to cancel the complaint against the