All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The injury suffered by the victim of mistake of facts (Defendant B) did not reach the degree of injury in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

B. The sentence imposed by the lower court (the Defendant A’s imprisonment with prison labor for a period of five years, Defendant B’s imprisonment for a period of three years and six months) is too unreasonable.

2. Determination

A. The reason why it is extremely minor that the injury resulting from rape in the course of a judgment on the assertion of misunderstanding of facts is so minor that it does not constitute the injury of the injury resulting from rape in the event that there is no need for treatment, which is naturally cured and there is no impediment in daily life. However, such argument is premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that it is the same as the injury that may normally occur in the course of a daily life even though there is no assault or intimidation that may suppress the victim's resistance, or that the act of sexual intercourse is the same as the injury that may normally occur in the course of a sexual intercourse in accordance with an agreement, if such an injury exceeds the degree, the injury shall be deemed as being injured. Whether the victim's health condition is changed to a bad condition and has a disability in his/her living function should not

(See Supreme Court Decision 2003Do4606 Decided September 26, 2003, Supreme Court Decision 2005Do1039 Decided May 26, 2005, etc.). The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the lower court, namely, the doctor J who treated the victim on June 8, 2015, which was two days after the instant case, showed the victim’s quality 6:2m in the direction of the victim; 3m in the direction of 11:00, the doctor J prepared a medical certificate that requires a stable treatment for about two weeks due to the damage to the dives of the lower and the upper half of the body; and the doctor J prescribed that the victim’s dives and the dives of the body of medical doctors should have the divessis due to the divessis of the body of the victims at the time.