The prosecutor's appeal is dismissed.

1. The court below sentenced the defendant not guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled) among the facts charged against the defendant, and dismissed the public prosecution against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). Since only the prosecutor appealed from the acquittal part of the court below, the scope

2. The summary of the grounds for appeal reveals that the victim was unable to resist due to mental disability at Grade 3, and that the defendant committed the instant crime while knowing the victim from a meeting of the disabled persons with a church for more than four years to the head of L organization, which is a meeting of the disabled persons with a disability, and that the place of the crime was a four-year park, and that the defendant was unable to request the victim to help hotly, the court below acquitted the victim of the instant facts charged, notwithstanding the fact that the victim was unable to resist due to mental disability, by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (hereinafter “the state of failing to resist”) provides that “the state of physically or mentally disabled persons shall be deemed to include not only the state of physically or mentally disabled persons in which they are unable to resist themselves, but also the cases where physical or physically disabled persons are physically or physically disabled persons and have reached a state of impossibility to resist, or where it is extremely difficult to resist. Among them, the extent of mental disability of the victim is not only the degree of mental disability, but also the relation between the victim and the perpetrator, including the status of the perpetrator, surrounding circumstances or environment, the content and method of the perpetrator’s act, and recognition of the victim.