The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) Although it was true that the victim C was under the influence of alcohol for the part of quasi-rapeing to the victim C, the victim was in the non-competence of resistance.

shall not be deemed to exist.

2) The Defendant did not commit violence or intimidation to the extent that it makes it impossible or considerably difficult to resist the victim D.

B. The sentence sentenced by the lower court to the Defendant (five years of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of fact 1) In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant may sufficiently recognize the fact that the Defendant had sexual intercourse with the victim C, who was in a situation impossible or considerably difficult to resist due to alcohol.

Therefore, this part of the defendant's argument is without merit.

① The victim, at the investigative agency and the court of the court below, “at the time of the Defendant’s house on the day of the instant case with K, the victim dices with beer and beer, mixing with beer and beer, and at the same time after K dynasium, dynasium exceeded the amount of usual drinking.

Although it is not well memory in alcohol, the victim does not do so by the defendant intending to be off his clothes.

One is memory.

“The statement was made to the effect that it was “.”

The victim's statements can be recognized as credibility in light of the following: (a) the details of the statement; (b) the specification and consistency of the statement; and (c) the relationship between the defendant and the victim.

② After having sexual intercourse with the victim, the Defendant went back to the outside of the apartment that he had resided in order to return the victim to home, and the victim went out of the apartment.

Accordingly, the defendant's friendship by the victim's friendship and found the victim's friendship house well-known, and the defendant left G as such.