The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person with a physical or mental disability shall be subject to aggravated punishment when committing a crime under Article 298 of the Criminal Act against “the person with a physical or mental disability”. In light of the disability of the victim of this case, namely, the victim of this case: (a) there was an obstacle to expression and communication to the degree that it is not comparable with the normal person with a disability of class 3 of the hearing disability; (b) there was a poor condition in communication in comparison with other hearing disability; and (c) there was a significant fall in the awareness of danger and situation through hearing disability; and (d) there was a significant fall in the ability to recognize danger and situation through hearing disability at the time of this case. In light of the above, the victim had a position to specially protect the victim’s exercise of his right to sexual self-determination in a significantly low state of recognition, ability to defend, and response ability.

Nevertheless, the court below rendered a judgment differently as above, and rendered a not guilty verdict as to the facts charged in this case. The court below erred by misunderstanding the facts or misapprehending the legal principles.

B. The sentence sentenced by the lower court to the Defendant (one year of suspended execution in two years and six months of imprisonment) is too unfortunate and unfair.

2. Determination

A. 1) The summary of this part of the facts charged is as follows: (a) the Defendant forced a victim of a physical disability of Grade III with hearing disability as indicated in the facts charged in the lower judgment to commit an indecent act, thereby causing injury to the victim.

2) The lower court’s determination is that Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which a person with a physical or mental disability is subject to the protection of a disabled person’s sexual self-determination right, and the injured person has received disability ratings.