The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: (a) misapprehension of the legal principle that the Defendant was aware of and attempted to use the victim’s mental disorder; (b) the Defendant and the victim first talked on the day of the instant case and they were very strings of the Defendant from the victim’s standpoint; (c) the Defendant is an adult with a strong body size compared to the victim; and (iv) the victim received sexual unreasonable demand from the Defendant to kis the victim’s kis, which constitutes a force to the extent that the Defendant’s act of continuously demanding kis the victim to kis, constitutes a threat of force to the extent that the victim’s intent to interfere with the victim.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case on the ground that the evidence submitted by the court below alone alone cannot be deemed to have sexual intercourse with the victim by exercising power. In so doing, the court below erred by misapprehending

2. Determination

A. The gist of the facts charged is that the Defendant is a person working in the delivery agency of the Ortob in Gwangju North-gu, Gwangju, and the victim C (the victim, the 19-year age) is a person with intellectual disability Grade II, who worked in the convenience store located in the above office.

On November 21, 2017, the Defendant entered the above convenience store and purchased the food at the above convenience store after having finished a meeting with the Defendant around 01:35 on November 21, 2017, the Defendant saw the victim as follows: “I am her horse, such as “I am her only once, I am her kis, I am her kis, I am kis, I am kis, I am kis, I am kis, I am kis?” “I am kis, I am kis, I am kis, and we am skis, if I am skis, I am skis, if I do not am skis on the CCTV,” and “I am am skis, if I am off, I am skisn.”