The defendant's appeal is dismissed.

1. The court below erred by misapprehending the legal principles or misunderstanding the following facts, which affected the conclusion of the judgment.

At the time of the instant case, the Defendant was only the victim’s sexual organ with fingers, and did not put the victim’s fingers into the victim’s sexual organ.

B. At the time, the victim was under the influence of alcohol, but was not in the state of mental disorder or non-performance.

C. Even if the victim was in a state of mental or physical disability or impossibility to resist, the Defendant was not aware of it, and there was no intention to use such state.

As the defendant thought that there was the consent of the victim, physical contact was made, and even if there was no consent of the victim, it was erroneous that there was an understanding of the victim, so the intention is dismissed as a constituent error.

2. Determination

(a) Defendant;

1. As to the part of the claim A, B, and C, the Defendant argued to the effect similar to 1. A, B, and C, the lower court, based on its legal doctrine and circumstances, acknowledged the fact that the Defendant puts the victim’s fingers into the victim’s sexual intercourse, and at the time, deemed that the victim was in a state of mental or physical disability or impossible to resist by drinking, and that the Defendant recognized the victim’s status and used the victim’s status, thereby committing similar rape.

Examining the evidence legitimately adopted and examined by the court below based on the legal principles and circumstances based on the judgment, the court below's aforementioned judgment is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant as to this part.

Therefore, this part of the defendant's argument cannot be accepted.

(b) Defendant;

1. The claim of D. D.