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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following facts: (a) the victim consistently stated the facts of damage; (b) the victim’s statement is a child with intellectual disabilities; and (c) the victim has no circumstance to find the defendant guilty of an indecent act as stated in the facts charged in the instant case; and (d) the court below erred by misapprehending the facts that the defendant committed an indecent act against the victim, and thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is a person who, from around 2012, works as rehabilitation teachers in F, a facility for persons with intellectual disabilities, in order to assist people with intellectual disabilities in the daily life of people with disabilities, operates a vehicle to assist them in the daily life of people with intellectual disabilities, and has them attend and depart from F outside schools.
Defendant G (Woo, 14 years old) did not refuse the other person’s unfair behavior or demand, which is the second degree of intellectual disability (intelligent Index 38, 38, and 38) living as a resident living in the above F, and did not want to commit an indecent act against the victim with knowledge that it is difficult to resist the other person’s unfair behavior or demand, and that even if the damage was inflicted, it cannot be easily inferred to the outside.
1) The Defendant: (a) around 2013, 2013, she was able to take the hand of the victim, who was reported by TV, and she saw the victim to the shower room for the second floor of the victim, leading him/her to her; and (b) she was able to collect his/her hand from the brogate inside the victim’s clothes, and was able to take the chest of both the victim’s chest.
2) The Defendant is in front of the I middle school in 2013, with the victim, who was seated on the back of the driver’s seat and the head of the driver’s seat when he was driven by the Defendant at the Jone Star (hereinafter “instant vehicle”) in front of the I middle school located in Hasan in Hasan in 2013.