The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court rejected the credibility of the victim’s statement and rendered a not guilty verdict of the facts charged in the instant case; however, since the victim is a intellectual disabled person, there is no choice but to have practical limits on the structure or consistency of the statement; however, considering that the victim’s statement at least is specific and consistent in the core part of the criminal facts, and there is no motive for the victim to obtain a false statement, there is credibility in the victim’s statement and there is no lack of other circumstances to recognize the facts charged.

Therefore, the court below erred by misapprehending the legal principles on determining the probative value of a statement, thereby affecting the conclusion of the judgment.

B. The judgment of the court below that convicted the Defendant of the facts charged in the instant case and dismissed the Defendant’s request for attachment order, despite the risk of recidivism.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.

In light of the above legal principles and the legal principles of determining the credibility of statements made by a person claiming sexual assault victims, we affirm that the court below rendered a not-guilty verdict on the facts charged of this case on the basis of the evidence duly adopted and examined by the court below, for the same reasons as the reasoning of the judgment of the court below, and the prosecutor cannot be deemed to have erred in the above judgment alone.

C. Therefore, the prosecutor's allegation of mistake or misapprehension of legal principles is without merit.