The defendant's appeal is dismissed.

The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was not in the state of drinking at the time when the victim got into the telecom, but did not express his dissenting opinion to the Defendant that he would go to the telecom.

The victim could have sufficiently predicted that the victim could attempt to contact the victim's body in the middle of the victim's body.

Accordingly, the defendant thought that the victim implicitly consented to such physical contact, and the defendant did not have the intention to use the victim's mental or physical condition or to resist or commit an indecent act.

Judgment

Comprehensively taking account of all the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of legal doctrine, the Defendant was found to have committed an indecent act against the victim under the influence of alcohol as stated in the instant facts charged, and the Defendant also has the intent to commit an indecent act.

Therefore, the defendant's assertion is without merit.

The victim made a consistent and specific statement from the investigative agency to the court of the court below on the grounds that the defendant and the victim entered the telecom, the background and method of the indecent act by the defendant, the situation at the time of the indecent act by the defendant, and the conversation between the victim and the defendant on the following day.

The victim stated that he was aware of the fact that he was under the influence of alcohol on the day of the instant case, while his body was in a difficult condition.

Although the Defendant was the victim in the investigative agency, the Defendant was going to go to the Marina or Sari, but it was extremely difficult to avoid sofa, and was in need of a well-facing space, and the Defendant did not directly go to the Mana, and the Defendant did not go to the Mana for the reasons for the death of the next day of this case.