A. In light of the fact that the defendant started to inflict bodily injury on the victim, it is 10:00 and that rape has been committed after 14:53, and there is room to deem that the new criminal intent of rape has occurred after the injury. However, the defendant started to take photographs of the victim's body and the defendant's sexual contact scene with the victim's mind that he/she will create his/her own woman after taking the body of the victim's body and taking her body and taking her body, which was all conducted during a series of processes, and the above behavior took rest between the above behavior and did not take any other talk with the victim, and took photographs that may cause a sense of sexual shame immediately after having a knife with the victim, it is reasonable to view that the defendant already caused sexual humiliation during the bodily injury. However, the court below erred in the misapprehension of the judgment of the court below as to the violation of the Act on Special Cases, etc. concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on the ground that the defendant cannot be acknowledged that there was rape.

B. The lower court’s sentencing (three years of imprisonment, five years of suspended execution, etc.) is too unreasonable.

2. Determination

A. (1) The lower court determined that the charge of rape injury constitutes a case where there is no evidence to prove the crime, in light of the following circumstances acknowledged by the evidence adopted and investigated by the court below: (i) it is difficult to view that the Defendant intentionally injured the victim of rape; and (ii) there is no other evidence to prove otherwise.

① The Defendant and the victim have a sexual relationship several times on the premise of marriage for about one year, and they are crimes.