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The prosecutor's appeal is dismissed.
Reasons
1. The body of the victims taken by the Defendant of the gist of the grounds of appeal constitutes “the body of another person who may cause sexual humiliation or shame.”
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. The lower court rendered a not guilty verdict of the facts charged in this case on the ground that “the evidence submitted by the prosecutor alone constitutes “other person’s body which may cause sexual humiliation or shame” on the grounds of the detailed circumstances in the item of “2. Judgment” of the judgment, on the ground that “the body of the victims taken by the defendant constitutes “the body of another person,” is insufficient to recognize that the body of the victims taken by the defendant constitutes “the body of another person,” is insufficient. In light of the records of this case, the lower court’s judgment is just and acceptable. In addition, considering that the Defendant’s intellectual disability 3 level was “50 to 70 level”, the lower court did not err in matters of mistake of facts as
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.