All appeals filed by the defendant and prosecutor are dismissed.

1. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. The argument that the defendant covered the victim and kis is not exercising the force to suppress the victim's will, and thus, the commencement of the execution of the crime of rape is not recognized, and the victim's wife does not occur in the rape itself or accompanied by the rape itself, and the victim's wife does not constitute the injury of the crime of rape because the wife is minor.

B.1) Determination of the argument that the commencement of the crime of rape is not recognized, and the commencement of the crime of rape should be deemed to exist when the victim's resistance is impossible or when the victim started assault or intimidation to the extent that it is considerably difficult to resist or make it difficult. In fact, the victim's resistance is not impossible or considerably difficult due to such assault or intimidation (see, e.g., Supreme Court Decision 91Do288, Apr. 9, 191). (1) The victim at the court below's decision that it is difficult for the victim to use the victim's faces 10 minutes, so it is difficult for him to use the victim's face or make it difficult for him to use the victim's faces 10 minutes, and it is difficult to use the victim's face to use the victim's face to the extent that he or she did not use the victim's face to the extent that he or she did not use it (see, e.g., Supreme Court Decision 91Do288, Apr. 9, 1999).