The prosecutor's appeal is dismissed.

1. According to the statement, etc. by the victim of the gist of the grounds for appeal, the court below acquitted the victim of the charges of this case on the ground that the defendant, at the time of committing the crime of this case, was aware of the fact that the victim was in a difficult situation to resist due to any mental disability that makes it impossible to exercise his/her right to make a sexual decision, and

2. Determination

A. The summary of the facts charged is that the Defendant, around June 2013, through “C”, a smartphone display case, performed hosting and hosting the victim D (for example, 16 years of age, hearing impairment 2 level, intellectual disability 2-class 2-3 level), and used the fact that the victim lacks the ability to make judgment and expression of opinion, and used it to have a sexual intercourse with the victim.

Thus, around July 2013, the defendant could look at the victim in the exit of the subway No. 5 line F2 located in Gangseo-gu Seoul Metropolitan Government, and move the victim to the defendant's house located in the Gangseo-gu Seoul Metropolitan Government G apartment No. 902 Dong 201, and the victim can be "(sex) relationship."

“The victim had sexual intercourse once after the physical had sexual intercourse.”

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a situation where it is difficult for the victim to resist due to mental disability.

B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant, with the sole evidence submitted by the prosecutor, has sexual intercourse with the victim by using the victim’s knowledge that the victim was in a difficult situation due to mental disability.

The lower court acquitted the Defendant of the instant facts charged on the grounds that there is insufficient evidence to acknowledge it, and that there is no other evidence to acknowledge it.

① The victim was forced by the police to prevent the A from being able to enter the parking lot.

The statement was made to the effect that “the victim made a statement,” and the above statement was made by the victim to another male (the victim) who is not the defendant.