1. As to the bodily injury resulting from rape or indecent conduct by force

A. In the crime of injury resulting from rape or bodily injury resulting from forced indecent conduct, the injury refers to the injury of the victim’s physical integrity or impairment of physiological function. That is, the victim’s health condition is inferior and the victim’s life function is hindered. Here, the physiological function includes not only physical function but also mental function (see, e.g., Supreme Court Decisions 2007Do3936, May 29, 2008; 201Do7928, Dec. 8, 2011). Accordingly, even in a case where a medication, such as water exemption, results in a temporary or unknown state of the victim’s health due to drugs, and where the victim’s health condition was changed and the life function was hindered, it constitutes injury resulting from rape or indecent conduct, even if there was no natural or externally revealed wife.

In addition, whether the victim suffered such injury should not be objectively and uniformly determined, but rather should be determined by comprehensively considering the physical and mental changes, contents, and degree of the victim's physical and mental condition, such as the victim's age, gender, physical strength, etc., kinds and capacity of drugs, methods of medication, and drinking or not.

B. The evidence duly admitted by the court below reveals the following facts.

(1) Holide m (Zolidem) is a drug that induces deep waters by suppressing the new boundaries, and may cause side effects such as climatic deterioration, depression aggravation, suicide impulse, loss of memory, etc., and if misused or abused it, it is designated as a native mental medicine that may cause harm to the human body.

(2) The victim (n, 40 years of age) shall be the victim.