A. The court below acknowledged the admissibility of evidence under Article 314 of the Criminal Procedure Act since the victim's written statement and written complaint against the victim did not appear intentionally on the trial date because the victim's residence is not specified in the misapprehension of the legal principle as to the injury resulting from rape (not guilty part), the victim is in the course of receiving a breathy from a fine due to the unpaid fine, etc., and the victim's male-gu D does not appear at the trial date after the victim's meeting with the defendant. Thus, the court below acquitted the victim of the injury resulting from rape without using the above documents as evidence on the ground that the authenticity of the establishment by the statement by the person making the original statement is not recognized, and thus, it erred by misapprehending the legal principles as to admissibility of evidence

B. The sentence imposed by the lower court (one year of imprisonment) is too uneased and unreasonable.

2. Determination

A. On May 27, 2011, the summary of the facts charged is as follows: (a) the Defendant: (b) at the home of the Defendant’s private village under the cudio 302 of Daegu-gu Seo-gu, Daegu-gu, at around 19:30 on May 27, 201, sexual intercourse with the Defendant; (c) at the home of the Defendant’s private village 302, the Defendant: (d) sexual intercourse with the victim’s sexual intercourse with the Defendant; (d) sexual intercourse with the Defendant’s sexual intercourse with the Defendant; (d) sexual intercourse with the victim’s arms to take place outside of the cudio; and (e) sexual intercourse with the victim’s arms to take place outside the cudio; and (e) the Defendant’s sexual intercourse with the victim at the time of such agreement with the victim and the Defendant’s sexual intercourse with the victim at the time of the agreement.