The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized knife (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) When the defendant was refused to demand a sexual relation from the injured party, the defendant attempted to commit a knife to commit suicide in a knife and did not intend to commit a knife the victim.

Rather, the victim tried to prevent the defendant from committing suicide, and scam his knife his knife with his knife, and acted in violation of several times of his knife.

Therefore, the defendant carried a knife, which is a dangerous thing, and detained the victim by intimidation.

shall not be deemed to exist.

2) No. 2 of the facts constituting the crime in the judgment below, since the defendant did not carry a knife at the time of sexual intercourse with the victim and continued to have threatened the victim with a knife, the defendant committed rape with a dangerous object.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The phrase “to carry a dangerous object that is judged as to the misunderstanding of the facts and the misapprehension of the legal principles related to No. 1 of the facts stated in the judgment below includes not only possession but also widely used (see Supreme Court Decision 2002Do2812, Sept. 6, 2002, etc.). According to the evidence duly adopted and examined by the court below, as the defendant was refused to demand a sexual relationship with the victim in his/her residence, the defendant will die with a knife and with a knife in his/her house as he/she was at the time of refusal.

As the Defendant’s flag leads to the Defendant’s boat, the Defendant’s snow was: ② the Defendant’s knife the two grandchildren of the victim who the Defendant seeks to get out of, and the sound was obstructed; and the Defendant’s knife the victim’s knife the knife of the sound, and there is no person who attempts to knife the sound due to the lack of any person.

(3) The victim did not go out of the Defendant’s home from April 29, 2018 to April 14:03, 2018, and the defendant did not appear among them.