The prosecutor's appeal is dismissed.

1. The court below acquitted the victim of the facts charged on the ground that it is difficult to believe the victim's statement in the investigative officer in light of the fact that the victim's statement appears to be reliable in the victim's investigation agency's summary of the grounds for appeal, and that the victim has a limit to accurate statement as a disabled person.

2. Determination

A. The summary of the facts charged was that the Defendant was the victim (the 46-year-old age) around the Masung Doyang-ro, 897, Masung-gun, Masan-gun in 2014.

However, the Defendant, with knowledge that the victim living in the same village was a Grade I intellectual disability and the intelligence index was only within 40 and has a mental disorder that lacks normal capacity to distinguish things or make decisions, knife the victim's hand into the Agricultural Cooperative and then knife the victim's chest and the part of the victim's chest and the part of the victim's chest were knife, and knife the victim's clothes, and knife the victim's clothes once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist or difficulties in resistance.

B. The lower court found the following facts by comprehensively taking account of the evidence duly admitted and investigated by the lower court.

① There are three offices in charge of managing agricultural warehouses in writing using the entrance of the NAF, and there are three warehouses in MyeonFF.

② Around 2014, the victim dumpeded to the office that manages the Nong AF warehouse of a single coffee.

(3) The victim's vision was under the control that the victim could not return to the o'clock or night because the victim has a intellectual disability and has other problem of face-to-face.

④ 피해자는 농협 창고에 온 남자 손님들에게 “나랑 사귈까 ”, “나랑 한 번 할까 ”라는 말을 하면서 접근하였고, 그 손님이 농담 삼아 대꾸를 하면 그 말을 그대로 믿고 행동하는 경우가 있었으며,...