A. In light of the fact that the injured party’s wife suffering from misunderstanding of the fact is minor and it does not interfere with natural cure and daily life even without treating it, it does not constitute “injury” in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

B. The sentence sentenced by the court below to the defendant (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. Fact-finding assertion 1) Where an injury resulting from rape is extremely minor and there is no need to treat it naturally and there is no obstacle in daily life, it shall not be the injury of the crime of injury resulting from rape. However, this is premised on the fact that there is no assault or intimidation that may suppress the victim's resistance in daily life or that it is the same as an injury that may normally occur in sexual intercourse in accordance with an agreement, and where such an injury is caused by such assault or intimidation, it shall be deemed that the injury falls under the case, and whether the victim's health condition is changed unassigned and the function of life is caused, not objective and uniform, but shall be determined based on the victim's age, sex, body, and mental and physical condition (see Supreme Court Decision 2003Do4606, Sept. 26, 2003). The court below lawfully adopted and investigated the victim's act of causing injury from rape and, in other words, the victim is present within the police 200 days after the victim's statement or treatment of the case.

(2) The victim shall make a statement on August 26, 2016, 07:12.