강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds of appeal: (a) the Defendant committed violence in the course of having sexual intercourse with the victim, thereby causing the victim’s bodily injury; and (b) thereby causing interference with the daily life of the victim, and thus, the victim’s wife constitutes injury to the crime of causing rape; (c) however, the lower court acquitted the victim of the bodily injury resulting from rape on the ground that the victim’s wife does not constitute injury to the crime of causing rape. In so doing, the lower court erred by misapprehending the legal doctrine on injury to rape, thereby affecting the conclusion
2. Determination
A. The lower court determined that the Defendant was acquitted on this part of the charges on the ground that each evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant attempted to rape the victim, as stated in the facts charged, and there was no other evidence to acknowledge this portion of the charges, on the following grounds: (a) the victim did not immediately receive a medical certificate at the time of the instant case; and (b) the victim was issued a medical certificate because it was so long as the victim did not receive a medical certificate at the time of the instant case; and (c) the victim was issued a medical certificate at the time of the lapse of two weeks; (d) the wife was almost cured and did not show his wife’s body and was issued based on the photo of the damaged parts taken at the time of the instant case; and (e) it appears that the medical certificate was issued based on the diagnosis of the damaged parts taken by the prosecutor.
B. The injury resulting from rape in the judgment of the court is extremely minor and thus need to be treated as a result of the need for treatment. Thus, the crime of injury resulting from rape is the injury of rape in a case where there is no difficulty in natural therapy and daily life.