Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Grounds for Appeal

In light of the facts charged against the defendant and the person subject to a request to attach an attachment order (hereinafter "defendant"), the court below found the defendant not guilty on the ground that there is no credibility in the victim D's statement concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and that the defendant's act stated in the facts charged does not constitute force. However, there is a limit in the victim D's proper statement of his own will as a intellectual disabled person; there is no ground to prove the victim's false statement in order to mislead the defendant; there is no possibility that the victim made a statement; the victim made a statement late; however, the victim made a statement about the victim's degree of injury or the fact of damage; in light of the above victim's degree of injury or the circumstance where the victim stated the damage, the above victim stated the fact of indecent act by compulsion; however, the victim's statement is merely a statement about the damage; however, it cannot be readily concluded that such disease was caused at the time of the above crime, and thus, it constitutes credibility at the time of the victim's speech and behavior at the above.

Therefore, even if this part of the facts charged is fully convicted, the judgment of the court below which acquitted the defendant is erroneous and misunderstanding of legal principles.

If it is found that the defendant is guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, etc.), which was acquitted in the lower court of unfair sentencing, the new decision of punishment should be made, and this part of the facts charged also with regard to similar rape found guilty