The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (fact-finding) and the statements made by the Defendant, the victim, and C, the Defendant attempted to engage in sexual intercourse by taking advantage of the damaged condition of the victim's mental disorder, and the facts discovered to have been discovered to have been committed by the husband C, the lower court acquitted the Defendant of the facts charged.

2. Although the appellate court did not have a new objective reason that could affect the formation of a documentary evidence in its trial process, when it intends to re-examine the first instance court's judgment after ex post facto and ex post facto determination, the first instance court's determination as evidence was clearly erroneous.

There should be reasonable circumstances to deem that the argument leading to the fact-finding is considerably unfair because it is against logical and empirical rules.

(1) In light of the records, the court below’s determination that the evidence submitted by the prosecutor based on the grounds stated in Articles 2 through 4 of the judgment below is not sufficient to deem that the Defendant attempted to engage in sexual intercourse by taking advantage of the victim’s condition of mental disorder but failed to commit an attempted sexual intercourse is justifiable. The court below’s determination is sufficiently acceptable, and there is no illegality of misunderstanding of facts as alleged by the prosecutor, as otherwise alleged by the prosecutor.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.