The prosecutor's appeal is dismissed.

The summary of the grounds for appeal may fully recognize the fact that the defendant has sexual intercourse with the victim by force under the recognition of the mental disability of the victim.

However, the court below rendered a not guilty verdict on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deception for the disabled). The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

Judgment

The lower court, based on its stated reasoning, acknowledged that the Defendant had a mental disability to the victim at the time of the instant case.

In short, it is insufficient to view the victim’s statement that he/she seems to have sexual intercourse with the victim by force by the Defendant, is likely to accept the victim’s statement due to lack of credibility, and otherwise, such a statement is strictly proven to the extent that there is no reasonable doubt.

On the ground that it is insufficient to view it, the charges of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deception for disabled persons) were acquitted.

The judgment below

In light of the records, a thorough examination of the reasoning of the judgment below is justified and acceptable. In so doing, the court below erred by misapprehending the legal principles as otherwise alleged by the prosecutor.

[Judgment of the court below, which contains the portion of innocence in the petition of appeal, shall be stated as the scope of appeal and on the ground of unfair appeal. However, even according to the entries in the petition of appeal, the prosecutor only claims that the whole sentence was lowered as a result of sentencing not guilty on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deception for the disabled) among the facts charged, and it is difficult to view that the sentence determined as guilty in the court below is too unreasonable considering all the circumstances recognized by the records]. Thus, the prosecutor's appeal is without merit, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.