The prosecutor's appeal is dismissed.

1. In full view of the evidence duly adopted and examined by the court below, in particular, the statements of O in the court of the court below and the statements of victim and victim P which the police examined the defendant, it is reasonable to view that the victim of intellectual disability 2 was sexual intercourse with the defendant because of the defendant's assault or because of the defendant's sexual intercourse with the defendant, although the facts charged in this case can be fully recognized, the court below acquitted all of the facts charged in this case. Thus, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. Among evidence that corresponds to the fact that the defendant committed rape or sexual intercourse with the victim by assault or threat of force, the statement at the court of the court below by the police officer who investigated the defendant is the content of the statement of the defendant stated in the police interrogation protocol denying the contents of the defendant, which is judged to be a statement under the circumstance that the defendant with a intellectual disability seems to be aware of the defendant's oral statement as the investigator's oral statement. Thus, it cannot be said that the statement was made in a particularly reliable state, and thus, it cannot be said that it was inadmissible.

B. In addition, the statement in the police of the victim P is the content of the victim's statement. Accordingly, direct evidence of the facts charged of this case where the defendant rapes, sexual intercourses, and commits indecent acts by assault or force is not sufficient to make the victim's statement.

C. As to the victim’s statement, the victim made a relatively detailed statement about the victim’s intellectual disability Grade 2, the victim reversed his/her statement or made an inconsistent statement as to the forced part, such as assault and exercise of power, etc., and rather, his/her sexual intercourse or contact with the Defendant under the agreement or the victim’s implied consent.