The defendant's appeal is dismissed.

Summary of Grounds for Appeal

There is no misunderstanding of facts (Rape part) that the Defendant, while making an agreement with the victim, did not commit any assault or intimidation against the victim in the course of doing so, and there is no misunderstanding of facts.

Nevertheless, the judgment of the court below which found the Defendant guilty of rape of this case is erroneous in misapprehending the legal principles.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

In the lower court’s determination of misunderstanding the facts, the Defendant argued to the same effect as this part of the grounds for appeal, and the lower court consistently stated in its reasoning that “The Defendant,” in the “judgment on the Defendant and his defense counsel’s assertion,” based on the evidence duly admitted and investigated by the lower court, the following circumstances were comprehensively considered: ① from the investigative agency to the court of the lower court, to the effect that “the Defendant, from the point of view of: (a) to the point of view that, as the Defendant was unable to knickly knife the victim, knife the victim’s knife, knife the victim’s knife and knife the victim’s knife and knife the victim’s knife, and rape by inserting the victim’s knife and inserting the sexual organ into the victim’s panty; and (b) the victim’s knife’s knife was found to have been found the victim’s motive or detected on the day of the victim’s statement.