The prosecutor's appeal is dismissed.

1. The statement of the victim of the gist of grounds for appeal is reliable, and the defendant has sexual intercourse with the victim by force by the statement of the victim;

However, the lower court rendered a not-guilty verdict on the facts charged of this case, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the grounds that, in full view of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, considering the victim’s general limitation on the situation determination and response ability, language understanding and expression ability as a Grade 2 intellectual disability, the victim’s statement is not reliable to the extent that it is not beyond a reasonable doubt, or that it is insufficient to recognize that the Defendant exercised force.

B. In determining the credibility of a statement made in an investigation agency of a child victimized by sexual indecent act, which was submitted as evidence of a party deliberation, there is no room for changing children’s memory by taking into account how the child’s age is, how much the child’s age is, how much the above statement was made after the lapse of the time of the occurrence of the case, how much the child’s guardian or investigator who first heard the facts of the child’s injury during the process of the occurrence of the case until the above statement was made, or inducing a specific answer through repeated interrogation, etc., whether there is a repeated question that may be mistaken by the questioner at the time of the above statement, whether it is not repeated, nor is it affected the child’s memory, or that it is not affected by the interview.