The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the misunderstanding of the facts and the misapprehension of the legal principles (the fact that the hotel room, which is the place of the crime in the instant case, was the structure where a third party who did not possess the card can not open the door unless opening the door inside, the relation between the ordinary victim and the defendant, and the fact that the injured party opened the hotel visit to the defendant even before the injured party, the victim could have opened the hotel visit to the defendant. Thus, the part of the charge in this part against the defendant is not guilty, since there is no sufficient proof to the extent that there is no reasonable doubt.

Nevertheless, the judgment of the court below which found the defendant guilty of bodily injury caused by rape by intrusion against the defendant is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the crime of rape under Article 319(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applies to cases where a person who committed a crime of intrusion upon a residence under Article 319(1) of the Criminal Act committed a crime under Article 297 of the same Act. The crime constitutes a combination of the crime of intrusion upon a residence and the crime of rape.

In addition, Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person who commits a crime of non-Rape in a residence and a crime of taking or attempted rape in Article 8(1) of the same Act shall be punished when he/she injures another person or causes injury to another person.

As the Defendant is disputing only the part of the facts charged, the Defendant’s argument about the “accident” portion is examined.

When entering a residence of another person against the intention of the resident, the crime of intrusion shall be established, and the intention of the resident shall be

means includes not only explicit but also implied cases;