The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor with respect to the defendant's case, although the defendant and the respondent for an attachment order (hereinafter "the defendant") can be acknowledged that the victim was in a state of mental or physical disability or non-fluence at the time of sexual intercourse with the victim, the court below found the defendant not guilty of the charge

B. The lower court’s dismissal of the Defendant’s request for the attachment order of this case, even if the Defendant’s risk of repeating a sexual crime, is unjust.

2. Determination

A. On May 21, 2014, at around 19:53, around May 21, 2014, when the Defendant was working at C Hospital as a social work personnel, the summary of the facts charged is as follows: (a) five hospital employees, including Victim F (hereinafter referred to as “E”) and five community staff members, including the victim F (age 21), and the victim went out of the public room to leave the public room, and the body cannot be accumulated by taking out the public room; and (b) the “G” Moel parking lot in the same building as the above restaurant (hereinafter referred to as “Mael parking lot”).

2) The Plaintiff’s parking lot for the “I” building in Gangdong-gu Seoul Metropolitan Government H (hereinafter “Korea Institute parking lot”) that is next to the Plaintiff’s request for the victim, kid the victim’s chest, kid and kid the victim’s chest, and that it is likely for the frying of the fry.

(2) In full view of the following circumstances acknowledged by each evidence adopted and investigated, the lower court determined that the victim was in a state of mental or physical disability, or of failing to resist, and that the victim was in a state of mental or physical disability or of failing to resist. (2) At the time of sexual intercourse, the lower court determined that the victim was in a state of mental or physical disability or of failing to resist.

It was determined that the defendant's perception of sexual intercourse with the victim cannot be said to have been proved to the extent that it is beyond reasonable doubt.

(1) A victim;