The prosecution of this case is dismissed.

The request for attachment order against the person to whom the attachment order is requested shall be dismissed.

1. The facts charged and the facts constituting the cause for requesting the attachment order [the facts of prosecution] and the person subject to a request for the attachment order (hereinafter “defendants”) are persons with mental disabilities who live in the apartment complex, such as the victim C (nick, 38 years of age) and live in the usual drinking-gu. The victim is a person with intellectual disability Grade 2 (Intelligent Index 43, Social well-being Index 45) with a social age of 7 years and 2 months.

1. From May 2013 to June 2013, the Defendant, at the small room of the Defendant, at around 12:00, at the nearest room of the Defendant’s 12:12,00, the Da apartment 203 dong 1210, Busan Northern-gu, the said apartment complex stated, “The Defendant, at the home of the Defendant, had sexual intercourse with the Defendant, who was off the victim’s under the influence of alcohol and under the clothes of the Defendant’s body, and was on one occasion, who was on the part of the body of the Defendant.”

Accordingly, the defendant has sexual intercourse with a person with mental disability by taking advantage of the state of mental disorder.

2. At around 12:00 on the day following the date indicated in the preceding paragraph, the Defendant, at the same place as at 12:00 prior to the date indicated in the preceding paragraph, said apartment complex, read “the same drinking person,” and “the victim, who was playing in the said apartment complex, frighter, frighter,” and frightened the victim to play in the said apartment complex, and then, “the victim, who was frighter, play, fright.” The Defendant, upon the Defendant’s house, had sexual intercourse one time with the victim, who was under the influence of alcohol at the Defendant’s body, with a view to a frightening and returning home.

Accordingly, the defendant has sexual intercourse with a person with mental disability by taking advantage of the state of mental disorder.

[Judgment of the court below] The Defendant, as stated in the facts charged, committed a sexual crime on at least two occasions, and the Defendant is likely to recommit a sexual crime.

2. Determination of facts charged

A. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applicable to the facts charged in the instant case against the Defendant.