The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding C (one-six years of age) shows very low intelligence and severe learning delay, and shows an attitude that would fall short of caution in ordinary sense. As such, Defendant and the requester for an attachment order (hereinafter “Defendant”) recognized that C had intellectual disability at the time of committing the instant crime.

It is reasonable to view it.

In addition, the credibility of C’s statement that corresponds to the facts charged in this case from the investigative agency to the court of the court below is high.

Therefore, in full view of the above circumstances, although it can be recognized that the defendant committed a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) by rape even though he/she is aware that C has intellectual disability, the court below acquitted the defendant on the ground that there is no proof of a crime, which is erroneous in the misunderstanding of facts

Even if the degree of tangible force the Defendant exercised against C does not reach assault or intimidation, which is a constituent element of the crime of rape, the degree of tangible force the Defendant exercised against C constitutes a deceptive scheme or threat of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., fraud by persons with disabilities), which is an ancillary charge added in the trial.

Therefore, among the facts charged in the instant case, the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., fraudulent means against the disabled) should be convicted.

B. A defendant requesting an attachment order has committed a sexual crime against C with a mental disorder, and is in danger of repeating a sexual crime again.

Recognized.

Therefore, the court below dismissed the defendant's request for attachment order, although location tracking electronic device attachment order should be issued.

2. Determination:

A. The prosecutor to change the indictment is around the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities) in the trial of the party.