The defendant's appeal is dismissed.

Judgment on misconception of facts or misapprehension of legal principles

A. Under the agreement with the victim, the alleged defendant was unable to engage in sexual intercourse, and did not commit rape after suppressing the victim’s resistance by assault or intimidation. The victim and the victim fighted the victim’s own knife and knife the knife and knife the face of the victim once more than one time. However, there was no injury as shown in the facts charged in the instant case.

B. The judgment of the court below also asserted to the same purport. The court below, based on the adopted evidence, found the following facts: ① there is no specific and consistent part of the victim’s statement; ② there is no specific or doubtful part in the victim’s complaint process or circumstance; ③ there is no motive to mislead the victim; ④ there is no evidence to confirm the victim’s abnormal behavior before the occurrence of the instant case; ④ there is no evidence to confirm that the victim's contact with the defendant after the crime, such fact does not affect the credibility of the victim’s statement; ⑤ The date of issuance of the medical certificate submitted by the victim is within two to three days from the date of the crime; ② the victim’s injury part and degree correspond to the victim’s assertion; ② the victim’s wife was unable to be deemed to have any specific or doubtful part in the victim’s complaint process or circumstance; ③ The victim’s appearance submitted by the defendant was prepared with respect to the victim’s abnormal behavior before the occurrence of the instant case; and ④ there is no evidence to confirm that it did not directly affect the victim’s credibility of the victim’s statement.