The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The evidence submitted by a prosecutor of the misunderstanding of facts or misapprehension of legal principles alone that the defendant assaults or intimidatess the victim to the extent that it could suppress or significantly obstruct the victim's resistance, ② the defendant caused the result of such an act, and ③ the result of the injury was proved that the act of assault or sexual intercourse used as a means of similar rape was caused by the act of assault or sexual intercourse itself or the act accompanied by rape.

It is difficult to see it.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles, or by misapprehending the legal principles.

B. The Defendant, who lost his mind and body, was in a state of mental and physical loss by drinking alcohol at the time of the instant case, so his responsibility should be removed or mitigated.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant asserted to the same effect as the grounds for appeal in this part.

In full view of the facts admitted by the adopted evidence, the court below held that the defendant attempted to rape a victim as stated in the judgment of the court below from Nos. 2, 14 to 3, 20 of the judgment below, and that the defendant committed an injury in the process of committing a similar rape as stated in the crime in the judgment of the court below can be recognized.

The decision was determined.

Taking into account the following circumstances admitted by the lower court and the evidence duly admitted and examined by the lower court, the victim’s statement is consistent and credibility, such as the victim’s injury part and degree, and the situation at the time of discovery, recognized by evidence submitted by the prosecutor.

Therefore, the defendant, at around 02:00 on July 12, 2015, committed similar rape by using violence to the extent that it is difficult for the victim, who is a female under the influence of alcohol, to resist, and thereby, sufficiently recognizes that the victim suffered bodily injury.

Therefore, the lower court’s aforementioned.