A. misunderstanding of facts or misunderstanding of legal principles does not constitute “injury” in the crime of rape and injury. Even though the above wife of the victim in domestic affairs constituted “injury” in the crime of rape and injury, the Defendant did not have any intention to injure the victim. 2) In the crime of rape and injury, if the result of the injury was inflicted on the victim while rape, which is a basic crime, was committed, the victim should be recognized as having attempted rape and injury, rather than having been committed.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misunderstanding of legal principles is extremely minor and thus, in a case where there is no need to treat the injury resulting from the commission of rape in the relevant legal principles and there is no hindrance to natural therapy and daily life, it shall not be the injury of the injury resulting from rape. However, such grounds are premised on the same degree as the injury that may occur in daily life even though there is no assault or intimidation that may suppress the victim's resistance or that is ordinarily likely to occur in sexual intercourse in accordance with an agreement. Thus, if the injury exceeding such a degree is caused by such violence or intimidation, it shall be deemed that the injury would be caused. Whether the victim's health condition is modified as bad and has a disability in his/her living function, not objectively and uniformly, shall be determined based on the victim's age, gender, physical and mental condition, such as physical and mental condition, rather than on the basis of objective and uniform determination.

(see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005; Supreme Court Decision 2007Do6762, Oct. 25, 2007). Meanwhile, in the event that rapes inflict bodily injury on the victim during the course of committing the crime, the intent or purpose to inflict bodily injury is not necessarily required to be established, and the possibility of the occurrence of bodily injury is recognized.