The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the credibility of the victim's statement can be acknowledged in light of the background of the first damage statement and the consistency of the statement, the court below acquitted the victim of the facts charged in this case on the ground that the credibility of the victim's statement cannot be acknowledged. The court below erred in misunderstanding of facts

Judgment

The summary of the facts charged in the instant case is as follows: (a) the Defendant resided in the Dongdong, 25 years of age, and (b) was aware of the fact that B lacks intellectual ability due to mental disorders of Grade I intellectual disability of Grade B (the total intelligence index is less than 40, social index 22, and social age 3 years and 2 years of age) and committed an indecent act by force by using it.

The Defendant, around March 16, 2018, 23:40 on March 23:40, 2018, while drinking alcohol together with B’s father, etc. at the Defendant’s house located in Gangwon-gu, knife B’s hand in the Defendant’s house according to his father, knife B’s head, knife B’s head, knife B’s knife with B’s view and part, knife B’s chest, knife B’s breast, and knife B’s knife into the river.

Accordingly, the defendant committed an indecent act by force against B with mental disability.

The lower court determined as follows: (a) comprehensively taking into account the circumstances in its ruling that can be recognized by comprehensively taking account of the adopted evidence, B appears to have somewhat and specifically described the experience itself, which was damaged by argue, but, as regards a person who actually committed a harmful act, such as what was written in the instant facts charged, the police argue was at the time of his chest.

He or she had his or her chest in his or her welfare center D

D. The Defendant is the Defendant of the instant facts charged under the premise that the Defendant was the Defendant, such as the Defendant’s statement that the Defendant was the Defendant, or that the Defendant was the Defendant. The Defendant’s statement that the Defendant was the Defendant.