The prosecutor's appeal is dismissed.

1. In light of the victim's intellectual ability, the relationship between the defendant and the victim, the victim's specific statement about the damaged facts, and the characteristics of sexual assault crime against the disabled, the victim's statement is reliable. According to the defendant's psychological examination results, the defendant's statement is not reliable. However, the court below's judgment rejecting the credibility of the victim's statement, which acquitted the victim of the facts charged, is erroneous.

2. Determination on the defendant's case

A. The lower court rendered a not guilty verdict on the facts charged of the instant case on the ground that the victim’s statement was not reliable, in full view of the following facts: (a) the victim appears to have had the ability to have a reasonable sense to judge that his/her conduct or rape is subject to criminal punishment; (b) the victim’s circumstance leading up to the instant complaint is difficult to obtain understanding; (c) the victim’s victim’s statement on the place of damage; (d) the date and time of damage; (d) whether he/she has committed violence

B. On December 14, 2013, the victim stated the facts of damage at the “former North Korean Women’s and School Violence Victim Support Center” (hereinafter “instant indecent act”) as follows, based on the evidence duly adopted and investigated by the lower court, and stated that “the victim was sentenced to seven years of imprisonment as he/she was detained by a person who sexual harassment on the Defendant’s father” (Evidence 18 page), and how the victim committed the instant indecent act at the time of the instant indecent act.

The police stated to the effect that “I did not immediately report to the House to 112 on the police’s questions” (which means the page 41 of the record), and on the ground that I asked the police to wait for himself when I received dental treatment in a dental hospital.