A. In the idea of misunderstanding the facts or misunderstanding the legal principles, the Defendant attempted to prevent the victim from being able to take the victim’s grandchildren from the stairs of the 2nd floor, and the victim resisted with sound and resisted, and subsequently, the Defendant attempted to capture the victim, stopping the thought that the victim was trying to capture the victim, leading the victim to escape, or taking the victim’s face three times in order to take the victim’s desire.

In other words, since the defendant did not have the intention to rape and did not have the intention to commit rape and did not inflict any injury in the course of rape, this case is not applicable to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) but should be applied to the concurrent crimes of intrusion on residence, the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

B. The punishment of the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, the Defendant’s intentional rape and the commencement of the commission of rape can be sufficiently recognized.

Therefore, we cannot accept this part of the defendant's assertion.

① At the police first, the Defendant did not think that he would have led the victim to the first floor.

When making a statement, I tried to put the victimized person into the criminal defendant for a sexual intercourse.

The statement was made (Evidence No. 139 pages). However, later, the victim tried to make a sexual relationship in the same place because the victim was drunkly unable to memory even if he/she had sexual intercourse, and the victim resisted him/her to the effect that he/she did not have a sexual relationship by resisting against him/her, and assaulted him/her and escaped.

was stated (Evidence record).