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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On February 12, 2013, the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “victims with disabilities”) by the police officers of the lower court on February 1, 2013 is a mentally handicapped person with intellectual disability 2nd degree, and in light of the victim’s video recording page, any person can fully know the fact that the victim has a mental disorder immediately even if he talks with the victim several times. Nevertheless, the lower court accepted the Defendant’s substitute suit, and found the Defendant not guilty of this part of the charges on the ground that the Defendant was unaware of the fact that the victim had mental disorder at the time of the crime. Accordingly, the lower court erred by misapprehending the legal principles or misapprehending the legal principles. (2) On May 12, 2013, the lower court determined that “the Defendant had sexual intercourse with the victim” in the part on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “the Act on the Protection of Children and Juveniles against Sexual Abuse”) did not have any special credibility.
Nevertheless, the court below rejected the credibility of the victim's statement and rendered a not-guilty verdict on this part of the facts charged. The court below erred in misunderstanding of facts or misunderstanding of legal principles.
B. The sentence imposed by the lower court (two years of imprisonment with labor for a period of eight months suspension, and forty hours of sexual assault treatment programs) is too uneasible, and it is unreasonable to exempt the disclosure notification order.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant’s summary of the facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (comprehion for the disabled) on February 2013, 2013, left a H-hurd-hurn car parked in the line of a drone, where the human resources located behind G elementary school located in the U.S. F on February 11, 2013.