The prosecutor's appeal is dismissed.

1. The court below denied the credibility of the victim's statement without sufficiently considering the victim's intellectual disability level and rejected the relevant evidence without any reasonable ground or special examination, in light of the fact that the victim's statement in the summary of the grounds for appeal by the prosecutor is not only identical to the defendant's behavior specifically and there is no motive for the victim to make a false report on the damage on the day of the instant case, and in light of other relevant evidences, the court below erred by misapprehending the facts against the rules of evidence.

2. Determination

A. The lower court determined that the victim’s statement that he/she was sexually abused from the Defendant at the time and place of the instant facts charged is difficult to readily acknowledge its credibility, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and it is insufficient to view that the relevant evidence submitted by the prosecutor is merely a professional statement based on the victim’s statement or circumstantial evidence, and it is insufficient to deem that it was proven beyond a reasonable doubt of the judge, and that there is no other evidence to acknowledge it.

① From January 7, 2012, at the time when the victim was victimized by sexual assault (from January 7, 2012, between 1:00 p.m. to 2:00 p.m.), the mother of the victim f.m. 6 p.m., and the mother of the victim f.m. f., the victim f.m. f. at the instant site indicated in the facts charged that f.m. with the victim f. at night, the victim f.m. and f. at the Defendant’s home f., asked the victim f.m., and again denied this.