The prosecutor's appeal is dismissed.

1. The lower court, based on its stated reasoning, rejected the credibility of the victim’s statement on the grounds of the circumstances indicated in its reasoning. However, the lower court fully recognizes the credibility of the victim’s statement by fully taking account of the following: (a) the victim was unable to make a statement of the damage of the instant case due to intellectual disability 3; (b) the victim’s statement on the damaged facts was consistent and specific in the main part; (c) the details of the instant report are natural; and (d)

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.

2. Determination

A. In around 2008, the Defendant became aware of the victim with intellectual disability-3 disability (the age of eight at that time) through the wife D, who worked as a social welfare worker from C, which is a living facility for intellectually disabled persons.

Around 2010-201, the Defendant was placed on the part of the Defendant’s house with the Defendant, and was placed on the part of the Defendant’s house, and the Defendant was able to look at the victim’s chest, talking with him, and talking with him, and the victim tolded that “the victim would not speak to his mother, be confidential,” and the victim would be far from D if he talked with D about the above facts.

1) On October 26, 2013, the Defendant, from around October 26, 2013 to around October 28, 2013, was placed on the part of the victim (the age of 14 at that time) and a single bed on the part of his/her own for family travel and diving with the Defendant from around October 26, 2013, on the part of his/her family. The Defendant, using the fact that the victim takes the victim as his/her family member and is not absolutely said to D and his/her own work with D, the Defendant met the victim’s worship and surba, putting his/her finger by gathering his/her finger with the brupt, and knating his/her finger by gathering his/her finger with the brut. Accordingly, the Defendant, by force, committed an indecent act against the victim, who is a child or juvenile, by force.