강간치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (two years of imprisonment) imposed by the court below against the defendant is too unreasonable.
B. A prosecutor 1) Although the victim suffered injury, such as buckbucks and the right shoulder due to rape by the Defendant’s rape claiming misapprehension of legal principles, the lower court determined that the victim did not constitute injury to rape solely on the ground that the victim did not undergo separate treatment after the victim was victimized, and thereby, erred by misapprehending the legal doctrine on injury to rape. 2) The sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. Determination
A. In light of the Prosecutor’s assertion of misapprehension of the legal principles, injury in the crime of bodily injury resulting from rape refers to the alteration of the victim’s physical health condition and the impediment of his/her living function. If the injured party’s wife is extremely minor and the injured party’s wife does not need treatment, and there is no difficulty in daily life and the injured party’s natural treatment can be naturally cured following the passage of the time, the injured party’s physical health condition was modified accordingly.
It is difficult to see that there is a disability in the function of life, and thus cannot be deemed as an injury to the crime of rape.
(See Supreme Court Decision 2004Do483 Decided March 11, 2004, etc.). Regarding the instant case, the police and the court below stated in the police that “the Defendant was forced to make a sexual intercourse by drinking to the victim, at the time of leaving the victim’s bucks, and at the right thickness, the victim made a statement (the investigative record 21, 65 pages, the trial record 132 pages), and the body photo of the injury (the investigative record 87,88 pages). However, the victim did not receive treatment from the police as the instant case under the following circumstances acknowledged by the evidence at the time of the court below.