The prosecution of this case is dismissed.

1. On April 6, 2012, at around 13:00, the Defendant: (a) stated in the indictment that “48 years of age” is the victim D, the wife of the friendship-gu, who sited in the influence of alcohol in Busan-gu, Busan-do; (b) however, the victim discovered Ear (Evidence No. 24 of the Record No. 3) so that it is apparent that it is 47 years of age; (c) knew that the victim was the visually disabled and had no protector around, and led the victim to drink in the nearby restaurant while drinking, he was able to drink the victim at around 19:00 on April 6, 2012 by placing the victim under the influence of alcohol in the taxi.

At around 20:00 on April 6, 2012, the Defendant: (a) led the Defendant’s house located in the second floor located in the Busan Southern-gu, Busan-gu, to the front of the victim; (b) forced the victim to be exempted from the clothes laid on the floor; (c) was cut off panty; (d) was cut off on the part of the victim; (e) the victim was frighted on the part of the victim; (e) the victim took the face of the victim’s body; (e) the victim’s body was divided into the victim’s body; and (e) took the victim’s sexual intercourse once after suppressing the victim’s resistance.

Accordingly, the defendant raped the victim with a physical disability in the second degree of visual disability.

2. Determination

A. Although the defendant's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel had raped the victim at the time and place stated in the facts charged, the defendant could not be aware that there was a

B. The following circumstances acknowledged by the evidence duly adopted and examined by this court as to the recognition of the victim's disability, namely, ① the victim was registered as Grade 2 with visual disability on September 1, 2006. Although the victim had long been aware of the victim's disability, the victim could not have been aware of the victim's disability until before the occurrence of the instant case.