The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case on the grounds that the defendant did not commence rape with the intention of rape, such as misunderstanding of facts, and the court below found the defendant guilty of the facts charged of this case on the grounds of the victim's statement without credibility. The court below erred by misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In a case where a defendant denies the criminal intent of a judgment as to a mistake of facts, etc., the facts constituting such subjective elements are bound to be proven by the method of proving indirect facts or circumstantial facts having substantial relevance with the criminal intent due to the nature of an object. In this context, what constitutes indirect facts having considerable relevance should be reasonably determined by the method of reasonably determining the link of facts based on the close observation or analysis power based on the normal empirical rule (see, e.g., Supreme Court Decisions 2002Do6103, Jan. 24, 2003; 2005Do8645, Feb. 23, 2006). Furthermore, when a victim of rape begins to resist or make it considerably difficult to resist the victim or make it considerably difficult to resist the victim in order to have sexual intercourse, the commencement of the crime is established.

In fact, there is commencement of enforcement only when the victim's resistance is impossible or considerably difficult due to such violence or intimidation.

It cannot be seen (see, e.g., Supreme Court Decision 2000Do1253, Jun. 9, 2000). The Defendant asserted to the same effect as the Defendant alleged the above facts in the lower court, and the lower court rejected the above assertion in detail by providing a detailed statement on its judgment.

The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below in the circumstances presented by the court below, i.e., the victim is placed on the floor of the victim at the court below.