The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is sufficiently reliable to the statement of the victim, and the victim has been detained at the time of the crime of this case, and it is clear that the victim was unable to exercise his normal response coordination ability and ability to make a judgment on his sexual act properly, or that the victim was physically unable to make a psychological or physical resistance or has been considerably difficult due to misunderstanding, the judgment of the court below which rejected this.

2. The lower court determined that the instant facts charged constitute a case where there is no proof of crime and thus, acquitted.

Examining the evidence of this case closely in light of the records, the judgment of the court below is just and acceptable, and the judgment below does not determine that there was an error of mistake or misunderstanding of legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.