The defendant's appeal is dismissed.

1. The summary of the grounds for appeal acknowledged the fact that the defendant had sexual intercourse with the victim at the time and place indicated in the facts charged. However, in light of the fact that the defendant and the injured person are friendly, the defendant and the injured person are friendly, and the defendant and the injured person arrive at the outdoor toilet, which is the place where the crime was committed, about 10 minutes later, and the injured person did not take any particular measures immediately after the case, the victim was not in an impossible state of resistance, and the defendant had sexual intercourse in agreement with the injured person.

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 affecting the conclusion of judgment.

2. Determination

A. The lower court also argued to the same effect as the grounds for appeal, and the lower court convicted the Defendant of the instant facts charged by comprehensively taking account of the following circumstances:

① The primary purpose of the victim’s statement is the victim’s statement to the effect that the victim took alcohol in the valleys located in the Gyeong-gun F, Sung-gun, Sung-gun on the day of the instant case, along with the defendant, D, and C, and that the victim attempted to take the victim out of the victim’s body under the influence of alcohol and to engage in sexual intercourse once again with the victim’s public toilet in the nearest public room because the victim was unable to escape alcohol, and the victim attempted to engage in sexual intercourse with the victim, but was attempted to do so. The victim stated the above main part of the crime from the police to the court of the court of the trial, and the content of the statement is detailed and specific, so the victim is unable to make such statement without direct experience.

② The Defendant asserts that the sexual relationship was established under the agreement with the victim.

However, the defendant and the victim of the crime of this case did not have a sexual relation before the crime of this case was committed only between the friendship, and the defendant and the victim of this case are in the valley on the day of this case.