On February 28, 2014, at around 03:50, the Defendant, at the “H hotel” located in Gangnam-gu Seoul Metropolitan Government on February 28, 2014, took the body of a victim who was unable to take alcohol and was in the said hotel 801 room, and was off the victim’s clothes by taking advantage of the victim’s mental disorder or the state of failing to resist, and was forced to take the victim’s chest, etc. as soon as the victim left the clothes, and attempted to have sexual intercourse with the victim. However, the Defendant did not come to an attempted attempt by the victim, who did not have the mental sense and the wind.

2. In the above 801 room where the defendant alleged that he had not been able to resist when he met the body of the victim, and the defendant was also aware that the victim was not able to resist.

3. Determination

A. In light of the following facts revealed by the evidence duly adopted and examined by this Court, there is room for doubt whether the victim was in a state of failing to resist at the time when the victim’s body was delivered in the above 801 room.

① The victim first saw the Defendant at the above age club as a string of water’s room at the investigative agency up to the day before the instant case’s trial. The victim got in mind the Defendant’s room at the entrance of water’s room at the above age club and the Defendant’s room at the 16th, 36th, 62, 64, 72, 107, 166 of the witness examination record, and 62th, 64, 72, 107, and 166 of the investigation record). The background leading up to the instant H hotel’s room is not memory, because the victim’s room lost a spirit from the room to a certain point of view, and the 1st, 2, 19, 222, 222 of the witness examination record.