The judgment below

The part of the case of the defendant is reversed.

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

For the defendant.

The court below rendered a judgment dismissing the prosecutor's claim regarding the part of the case against which the defendant was found guilty and the part of the case for which the order to observe the protection was requested, and there is no benefit of appeal as to the part for which the order to observe the protection was requested.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant

The misunderstanding of the substance of the grounds for appeal or the misapprehension of the legal principle is the defendant's act that caused a hole on the right blue blue by suffering the mouth string and the right blue blue in need of treatment for about one week, which can occur in daily life and can be naturally cured even without any specific treatment, and thus does not constitute "injury" in the crime of injury resulting from rape.

Nevertheless, the lower court found the Defendant guilty of the injury resulting from rape in this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the completion of the sexual assault treatment program for three years and 80 hours) is too unreasonable.

Judgment

In a case where there is extremely minor injury resulting from rape in relation to the assertion of misunderstanding of facts or misapprehension of legal principles and thus there is no need for treatment, and thus there is no obstacle to naturally healing and living a daily life, the crime of injury resulting from rape is not included in the crime of injury resulting from rape. However, such grounds may occur during a daily life or during the absence of assault or intimidation to suppress the victim’s resistance, even if there is no assault or intimidation to suppress the victim’s resistance.