The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles

Even if this does not fall under the case of the commencement of assault and intimidation of the crime of rape. However, it is merely a case where the victim prevents himself from suffering and her to prevent the sound thereafter, and the defendant has to be punished as concurrent crimes with regard to special night-time intrusion, indecent act by force, and bodily injury, but the court below judged that there was commencement of the crime of rape. Furthermore, although the defendant attempted rape on the side of the knife, and the defendant did not carry the knife the knife, the court below judged that there was commencement of the crime of special rape even though there was no commencement of the crime of rape, and the above mistake of facts or misapprehension of legal principles affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below regarding the commencement of rape, the defendant's assertion that there was no commencement of the crime of rape, as long as the defendant threatened the victim with a deadly weapon, delivered the chest, and assaulted the victim who resisted him. Thus, the defendant's assertion that there was no commencement of the crime of rape is without merit. 2) At the same time, the possession of a deadly weapon or other dangerous object in special rape should not be interpreted broadly as sufficient if the defendant has the opportunity to commit the crime.

As recognized by the above evidence, the defendant will take the kitchen knife.