The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted all of the facts charged in this case, although it was difficult for the prosecutor to resist E at the time of this case to resist due to mental disability, and the defendant could sufficiently recognize that he committed an indecent act and sexual intercourse with E, and the court below acquitted him of all of the facts charged.

2. Determination

A. The summary of the facts charged in the instant case was known to the police officer in November 2014.

D through E (n, 14 years old), E became aware of its intellectual disability as a middle student.

1) On December 5, 2014, the Defendant: (a) around 17:00 (the Defendant appears to have clearly written errors in the facts charged in the indictment No. 1 and No. 2 of the instant indictment, “No. 4, 2014.” hereinafter referred to as “no. 5, Dec. 5, 2014”) at G library stores located in F at Yangyang-si, left in the G library stores located in F, for which he she was seated with E and her seated, and turned down her bucks by hand, and her her humbbbs and her hums.

Accordingly, the defendant committed indecent acts against E in a difficult condition due to mental disability.

2) On December 5, 2014, around 18:25, the Defendant exceeded E’s school uniforms air stacks, spats, and kykes from H apartment 406, 106, 10th October 5, 2014, and exceeded the Defendant himself/herself, cut off the Defendant’s sexual flag, cut off the Defendant’s Red Sea, and engaged in sexual intercourse under E once.

Accordingly, the defendant has sexual intercourse E in a situation where it is difficult to resist due to mental disability.

B. In light of the circumstances such as the market on which the adopted evidence was comprehensively admitted, the lower court determined that the evidence presented by the prosecutor alone was sufficient to exercise the right to sexual self-determination at the time of the instant case, or that E was in an indecent act and sexual intercourse with the Defendant by recognizing that he was in an impossible condition to resist due to a mental disorder.

The lower court acquitted all of the charges of this case on the ground that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.

(c)

judgment of the court.