A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

A. Fact-finding, misunderstanding of legal principles, “the face of the upper face of the victim,” which suffered in the instant case, is a minor wound and can be naturally cured without being separately treated, and it does not constitute an injury to the crime of rape, since it does not constitute an injury to the crime of rape, since it does not interfere with the daily life of the victim.

B. The sentence sentenced by the lower court to the Defendant (a three years and six months of imprisonment, and 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. Fact-misunderstanding and misapprehension of legal principles are extremely minor and thus need not be treated so long as there is no obstacle in natural therapy and daily life, the crime of rape injury may not be committed. However, such argument is premised on the premise that there is no assault or intimidation to suppress the victim's resistance, or that such an injury is the same as an injury normally likely to occur in sexual intercourse in accordance with an agreement. Thus, if such an injury is caused by such assault or intimidation, it shall be deemed that the injury constitutes injury. It does not constitute a minor injury that does not constitute a crime of rape without permission, even if it is clearly and clearly necessary to provide medical treatment for a considerable period of time to recover from such pain and wound (see Supreme Court Decisions 2003Do4606, Sept. 26, 2003; 2005Do139, May 26, 2005; 2005Do139, May 26, 2005).