The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the victim’s statement in the court below’s court room concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case is conducted through the leading question by the counsel, and there is only difference between the statements made in the investigative agency due to the characteristics of intellectual disabled persons vulnerable to the time when it is deemed that the initial police statement of the victim with a specific and reliable credibility is sufficient to acknowledge the guilty of this part of the facts charged. However, the court below rejected the credibility of the victim’s statement merely because the contents of the victim’s statement in the court below are different from the contents

2. Determination

A. As to the part of the Defendant case, the summary of this part of the facts charged is limited to the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(2) On October 11, 2013, at around 20:00, the lower court: (a) took full account of the following circumstances acknowledged by the evidence duly adopted and duly examined, it is difficult to recognize the credibility of the victim’s statement on the date and time indicated in this part of the facts charged; and (b) the victim’s statement on indecent act in a place where the victim was a disabled person with intellectual disability 3 years of age; (c) obtained money from the victim and committed an indecent act by force against the victim with mental disability, by taking into account the following circumstances: (d) the victim’s knife who was a disabled person with intellectual disability 3 years of age; (e) the victim’s knife who was a disabled person with intellectual disability 3 years of age; and (e) the victim’s knife who was a disabled person with intellectual disability 3 years of age; and (e) the evidence submitted by the prosecutor alone alone does not have any reasonable room for this part of the facts charged.