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

A. misunderstanding of facts: The defendant had no intention to commit rape at the time of committing the crime with respect to the bodily injury resulting from rape in the judgment of the court below.

B. Unreasonable sentencing: The imprisonment of the court below (five years of imprisonment) is too heavy.

2. The lower court found the Defendant guilty of charges concerning the injury resulting from rape on the ground of the evidence (such as the Defendant’s legal statement, the police statement of the victim and witness, the victim’s bodily injury photograph, and the injury diagnosis report, etc.) as indicated in its reasoning.

However, such determination by the court below is not acceptable in light of the following circumstances.

First of all, according to the evidence adopted and examined by the court below, the defendant followed about 600 meters after the victim immediately before the crime was committed, and the victim's body was exposed to the victim's body, leading up to the wooden fence, leading up to the victim's body, leading up to the victim's body, leading up to the wooden fence, leading up to the victim's body, leading up to the victim's body to the wooden fence, leading up to the victim's body, leading up to the victim's body.

However, it is further examined whether the defendant committed the crime of rape against the victim at the time.

① First, in relation to the Defendant’s act, the victim stated in the investigative agency that “the Defendant was able to see and see the Defendant himself,” and “the Defendant did not have any time to see or get off the victim’s clothes by leaving the ground floor and leaving the forest.” The witness to the crime also saw that she was able to hear the unsatisfy of the female, and the victim was satisfying, and the Defendant was satisfying the victim by satisfing his hand, but the victim was intending to escape.

Therefore, the head of the Gu reported, sound and mar.