The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) ① the Defendant committed each of the instant crimes in a state of mental and physical weakness; ② the Defendant himself took the key of the motor vehicle, thereby falling under the attempted suspension, and ③ the Defendant did not have the intent to rape the victim C.

2. Determination:

A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was deemed to have suffered excessive debts due to gambling at the time of committing each of the instant crimes, in light of all the circumstances such as the circumstances of each of the instant crimes, the means and methods thereof, and the Defendant’s behavior before and after committing each of the instant crimes, the Defendant had the ability to discern things or make decisions.

It does not seem that it does not appear.

B. According to the record of the determination on the assertion of attempted rape, the Defendant voluntarily suspended rape or prevented the occurrence of the result, on the ground that the injured party between the Defendant and the Defendant’s alteration of fishing operation opened a back door and the escape out of the wind, and the Defendant voluntarily suspended rape or prevented the occurrence of the result.

It is difficult to see that the victim's key is unknown (if the defendant informed the victim of the location of the key to the lock, this is only the reason to take into account the circumstances after the crime was committed) and it is difficult to regard the victim as an attempted crime, regardless of the degree of disability.

(c)

The judgment of the defendant on the argument of rape intention is different from that of the victim who was in a usual defect to the Muaker's station, and the person attracts him to a four-dimensional G, the defendant stops the vehicle by the doping that the defendant gets off, the defendant forced the operation of the vehicle by force, and left the vehicle in advance after the victim's handout, and the defendant was unable to easily understand it, but it was hard to easily understand it, and the criminal intent of rape was recognized by the investigative agency from the trial to the trial.