A. At around 06:00 on December 22, 201, the Defendant: (a) expressed that the Defendant would put the victim D (the age of 27) who was unable to communicate at the level of “scape mental retardation” in the C apartment 203-dong elevator in Yangju-si; and (b) would put the victim into the said apartment parking lot by bringing the victim into E.

Afterward, the defendant was placed on the top of the Fone Star passenger car of the defendant, and was in both cities, E in both cities, and parked the above passenger car at the parking lot, and prevented the victim from escape.

The Defendant: (a) she was off of his/her own brightness and clothes; (b) she was off of his/her arms and her clothes; (c) she was off of his/her will and clothes with a single hand; and (d) she was off of his/her clothes with another hand; and (d) she attempted to rape once by having sexual intercourse with another victim who is physically and mentally disabled; (c) she was frighted by the victim, who was frightening and resisting the Defendant at his/her hand.

B. On December 23, 2011, at around 06:00, the Defendant discovered a mixed victim on the road near the above apartment complex, parked the victim as the above E parking lot, and parked the above passenger vehicle. The Defendant attempted to rape by having sexual intercourse with the victim who has a physical and mental disability in the same manner as in the preceding paragraph, but the victim attempted to rape by having sexual intercourse with the victim at one time. However, the Defendant attempted to have the victim tightly resist and resist the Defendant by hand.

2. Although the Defendant and his defense counsel asserted that they were living in E with the victim, the Defendant did not commit rape as described in the facts charged of the instant case.

3. Determination

A. The burden of proof of the facts charged in a criminal trial is the prosecutor, and the recognition of guilt is room for a judge to conduct reasonable deliberation.