(a) Whether the result of the death or injury resulting from rape includes the case of an act resulting from rape;

(b) Whether an act of emergency evacuation, from among the sections of rape that have arisen by itself, a victim is entitled to the so-called "an act of emergency evacuation" in which the victim gets the fingers of his/her fingers and her fingers, and who gets the fingers of his/her fingers and her fingers, and which caused the bodily injury of the victim;

(a) In the case of death or injury caused by rape, etc., the result of death or injury includes not only when it was caused by sexual intercourse itself, or when it was caused by violence used as a means of rape, but also when it was caused by rape;

B. From among the sections of rape that the defendant brought about by himself, the victim shall not be deemed to be an escape act which is permissible by the law to see so-called "the victim's fingers" that the victim has inflicted an injury on the part of the defendant when she shouldered and resisted the defendant's fingers by shouldering the defendant's fingers.

(b)Articles 297 and 301 of the Criminal Code;

Defendant

Attorney Park Dong-dong, Counsel for the defendant

High Court for Armed Forces for National Defense (Law No. 94No109 delivered on October 11, 1994)

The appeal is dismissed. 60 days out of detention days after the appeal shall be included in the original sentence.

The defendant and defense counsel's grounds of appeal are also examined.

In the crime of death or injury caused by rape, the result of thought includes not only cases where the act of sexual intercourse occurred from the act of rape itself, or from violence used as a means of rape, but also cases where the act of rape occurred from the act of rape. As determined by the court below, if the victim, who intrudes on the victim's house at the time and time of the judgment of the court below, is forced to have sexual intercourse with another for the purpose of forced sexual intercourse with the victim, who is lockedly, by intrusioning on the victim's house, and exposing the knife to the knife with the left hand of the knife, the knife's finger, knife with the defendant's finger, knife with the knife's finger, and the knife's knife's knife's knife's knife's k's k's knife's k's k's k's k's k's.

In addition, it cannot be said that the act of escape permitted by law, which caused the above injury to the victim, from among those of the criminal act that the defendant himself/herself caused, cannot be deemed as an act of escape, and the assault or intimidation, which is the means of rape, has not been initiated against the so-called "accompon which is the means of rape," as alleged in the so-called "accomponing and opposing the victim's damages," as seen above. The judgment of party members cited in the arguments, is contrary to this case, and thus,

In this case where a sentence of less than ten years to the defendant is imposed, the grounds for unfair sentencing are not legitimate grounds for appeal.

All arguments are without merit.

Therefore, the appeal shall be dismissed, and part of the number of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)