The defendant's appeal is dismissed.

1. The summary of the grounds for appeal by the Defendant (misunderstanding of facts) was not sufficient to support the victim E’s sexual organ.

Even if the defendant had sexual intercourse with the victim E

Even if the defendant was under the influence of alcohol, it cannot be deemed that the defendant's act constitutes an assault to the extent that it would make it difficult to resist the victim's E, or that the defendant committed an indecent act infringing on the victim's freedom of sexual self-determination, and that the defendant was forced to commit an indecent act. In light of the fact that the defendant's act constitutes an indecent act to the extent that it would make it difficult to resist the victim's E, and that the victim's sexual self-determination was committed with the intent to prevent the victim's report to the police, and to insult the victim's sexual self-determination, and that the victim's sexual act was committed with the intent to force the victim to commit an indecent act.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.

2. Determination

A. The following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below and the court below, namely, ① the victim E consistently stated in the investigative agency and the court of the trial that “the defendant was unable to resist while entering the F store and taking a bath, and the defendant was sexually involved in the police in order to make a report from the Kabter to the police.” The defendant made a concrete statement on the circumstances and before and after the victim’s sexual organ entering the store and leaving the store. ② The video recording of CCTV installed in the Fbow was conducted by the victim’s telephone before the Kabter and the police near the back of the victim’s body and the victim’s body so that the defendant could no longer get off the victim’s body, which led to continuous telephone communications.