The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant started sexual conduct under the agreement with the victim and has retired from office, and the victim did not have the status of failing to resist at the time. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles

2. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, the victim, at around 14:00 on the day of the instant case, provided entertainment with employees including the defendant, and went to a nearby house by singing and dancing. At around 18:00 on the same day, the victim entered the toilet of the instant case with the defendant at around 18:00 on the same day. The victim, at the above toilet, was faced with the victim who was seated over three times, and got the victim to have her sexual organ by bringing about the victim's hand. According to the facts that the victim was unable to breathly lid the victim's sexual organ before the victim was breathly lided, and the victim was breathly lided on a lid, and then she was breathly drunk, and the victim was unable to breathly boom the victim's mental organ on the day of the instant case, and the victim was breathly bread from the victim's body.