The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles by misapprehending the facts or by misapprehending the legal principles, and by misapprehending the legal principles, it cannot be deemed that the defendant's act committed assault or intimidation to make it impossible or considerably difficult to resist the victim's resistance even if the victim's statement was based on the victim's statement. Thus, the court below's judgment convicting the defendant of the facts charged.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine 1) The lower court acknowledged the credibility of the victim’s statement in full view of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and added other evidence, it can be recognized that the Defendant committed an attempted rape, such as the facts charged.

The decision was determined.

2) In the judgment of this court, violence or intimidation in the crime of rape ought to be such an extent as to make it impossible or considerably difficult to resist the victim. Whether such violence or intimidation was impossible or considerably difficult to resist the victim should be determined by comprehensively taking into account all the circumstances, including the content and degree of the relevant assault and intimidation exercising force, the background leading up to exercising force, relationship with the victim, circumstances at the time of the crime, etc.

In order to engage in sexual intercourse, rape is initiated when the victim's resistance is impossible or when the victim commences violence or intimidation to the extent that it is considerably difficult to resist or make it difficult to resist.

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 Supreme Court Decision 2000Do1253 delivered on June 9, 200).