The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

One kitchen (No. 1) which has been seized shall be confiscated.

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 imprisonment (five years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the finding of facts and misapprehension of legal principles, the defendant's act of rape is acknowledged to have been committed by the victim with a deadly weapon, threatening the victim, delivered the chest, and assaulting the victim who resisted. As long as the chest was threatened, the defendant's assertion that there was no commencement of the crime of rape was without merit. 2) Regarding the commencement of special rape and possession of a deadly weapon, the possession of a deadly weapon or other dangerous object in special rape should not be interpreted broadly as sufficient if it was possessed by the opportunity to commit the crime.

As acknowledged by the above evidence, the defendant.