A defendant shall be punished by imprisonment for not less than two years and six months.

One hundred and fifty days of detention days prior to the pronouncement of the judgment of the court below shall be included in the original sentence.

On November 10, 1969, the prosecution against the injury resulting from rape at around 04:00 is dismissed.

In light of the records, the evidence revealed by the judgment below is examined. The defendant is aware of the fact that he had sexual intercourse with the victim non-indicted 1 who had the victim's non-indicted 1 forced to resist, had her unable to resist, and caused such sexual intercourse with the female in need of medical treatment for about 10 days. The above injury resulting from rape does not constitute a crime subject to victim's complaint, and therefore there is no error of mistake of facts or violation of law in the measure of the court below which found the guilty regardless of whether the complaint was revoked, and there is no

The second ground for appeal is examined as to the second ground for appeal.

According to records, the court below's decision that sentenced the first offender and the victim's withdrawal of the complaint, taking into account the general circumstances that form the condition for sentencing, and sentenced the three-year imprisonment cannot be said to be significant.

In addition, according to the indictment ex officio, the defendant stated the facts constituting the crime and stated Articles 297, 301, 37, and 38 of the Criminal Act in the applicable law, and it is clear that the prosecutor did not prosecute two crimes of rape and injury resulting from rape. According to the prosecutor's application of the indictment which was bound by the victim non-indicted 1 around 20:00 on November 9, 1969, and (2) around 04:0 on October 10 of the same month that he forced sexual intercourse with non-indicted 1, and caused sexual intercourse with his female, which requires 10 days prior to her female, the court below did not err in the misapprehension of the legal principles as to the cancellation of the indictment by inserting the defendant's sound into the 20th day of the indictment, and it did not err in the misapprehension of legal principles as to the 2nd day of 2nd day of her withdrawal of the indictment.

Therefore, the appeal by the defendant is justified, and the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows.

The defendant went to the house of non-indicted 2 on November 9, 1969, when he had been living in Gwangju City (hereinafter referred to as "the age of 20) on several occasions with Non-indicted 2 (the age of 20) residing in Gwangju City (hereinafter referred to as "the age of 20), but he did not come to the house of non-indicted 2 on several occasions on November 22, 1969, but he did not appear in the absence of a shot and his her her fris, and the victim non-indicted 1 (the age of 13) was in the room of her fris, but he did not comply with the request of frising the victim, so he did not go to go to the frisium, thereby preventing the escape of the victim by fris by putting the fris into the room of fris, and made a fris from his upper part of the fris, thereby preventing the female from suffering.

The facts of the judgment above, except for the parts of the injury and the degree of the injury, are examined.

1. The statement made in compliance with the facts stated in the trial proceedings of the defendant;

2. Part of the statement made in accordance with the facts contained in the judgment of the defendant; and

3. Statement consistent with the facts of the judgment among the suspect examination protocol against the defendant prepared by the public prosecutor;

4. Of the written statement of Nonindicted Party 1 as to the prosecutor’s protocol, it can be recognized by comprehensively taking account of the statement as to the end of damage, which is consistent with the facts in the judgment, and the part and degree of injury in the judgment of the court below, can be recognized by the statement of Nonindicted Party 3 and the diagnosis as to Nonindicted Party 1 in the preparation of the same witness. Thus, the facts constituting the crime in the judgment

Since the court below's decision falls under Articles 301 and 297 of the Criminal Act, the defendant's judgment below constitutes a limited term of imprisonment, and the defendant's judgment below constitutes a limited term of imprisonment within the scope of the term of imprisonment which has been reduced by discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act, taking into account all the above circumstances, shall be punished by imprisonment and 2 years and 6 months, and 150 days out of the number of detention days before the court below's decision is included in the above principal sentence under Article 57 of the Criminal Act.

Of the facts charged, it is clear that the defendant, at around 04:00 on Nov. 10, 1969, placed the victim non-indicted 1, who is the same child, in the middle room of Gwangju City, Busan (hereinafter omitted) around 04:0, he was sexual intercourse with the victim non-indicted 1, who had been living in the middle room of the second house of the city of Gwangju (hereinafter omitted), and caused the female to suffer about 10 days from the sexual intercourse after having her death of the sound, and thereby, he was sexual intercourse with the female requiring about 10 days from the boom. As such, the prosecution was revoked as determined in the above reasons for reversal, and thus,

It is so decided as per Disposition for the above reasons.

Judges Go-do (Presiding Judge)