The prosecutor's appeal is dismissed.

1. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. of Disabled Persons) due to attempted quasi-similar act among the facts charged in the instant case, the court below found the Defendant not guilty of this part of the facts charged in light of the evidence submitted by the prosecutor.

2. Determination

A. The summary of the facts charged is that: (a) the victim C (a) was the disabled of class 1 with no language ability, decision-making ability, and intellectual disability; and (b) the Defendant was aware of the fact that his mother D, who was the victim of the ordinary level of sexual intercourse, will take the victim under the name of the staff and the fact that the victim had the above disability, directly viewing that it is well aware.

On July 20, 2014, at around 13:00, the Defendant: (a) discovered that the mother of the victim was fat and fat, fat under the above bridge; and (b) tried to put the victim’s sexual organ into the victim’s port by laying off the victim who is unable to resist due to intellectual disorder; (c) fat off the victim from the victim’s body; and (d) fat down the victim’s sexual organ into the victim’s port; (d) however, upon receiving a report from the residents, the Defendant did not take the wind on the part of the police officer called out and attempted to take the victim’s sexual organ on the part of the victim.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds as delineated below.

Among the evidence shown in the above facts charged, the police interrogation protocol of the defendant against the defendant is inadmissible by the defendant in this court.

In addition, the police officer’s statements under this law and the investigative agency, the most directly evidence as shown in the above facts charged, were called out after receiving 112 reports to sexual assault of the disabled, and thus the defendant and the victim were able to do so at the place where the crime was recorded in the crime. However, the victim exceeded all panty, and the victim exceeded all panty.