강간상해등
The prosecutor's appeal is dismissed.
1. As to the point of injury by rape among the facts charged in the instant case, the lower court which rendered a judgment dismissing the prosecution on the ground that the injured party’s wife does not constitute the crime of rape and injury even though the injured party’s injury constitutes the crime of rape and injury, erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. Determination:
A. The judgment of the court below held that the defendant suffered a hole on the left side of the victim's eye in the course of assaulting the victim to rape, but the following circumstances acknowledged by the evidence of the court below are acknowledged: ① the victim did not receive any special medical treatment, such as drinking dust control only after the case, and he did not do so on the upper part, and the above hole naturally disappeared after the day even though he did not give any special medical treatment, ② the victim was the head, not through the snow, and ② the victim was the head, not through the snow, and was working at the workplace during the late one week; ③ other, the victim's face or hair part was not revealed, ④ the victim's wife's face or hair part can not be seen as having any other evidence to acknowledge the injury in the crime of rape, solely based on the evidence submitted by the prosecutor.
B. Examining the evidence duly adopted by the court below in light of the records, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.