The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The injury resulting from rape does not constitute a crime of injury resulting from rape, such as where the victim suffered a misunderstanding of facts.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. Determination

A. In the crime of injury resulting from rape in a determination of misunderstanding of facts refers to a change of the victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s wife is extremely minor and the injured party does not need treatment, and there is no need for treatment, and if the injured party’s physical condition is naturally cured following the lapse of the day, the injured party’s physical health condition was changed to a poor condition.

It is difficult to see that there is a disability in the function of life, and thus cannot be deemed as an injury to the crime of rape.

(See Supreme Court Decision 2004Do483 Decided March 11, 2004, etc.). According to the evidence duly adopted and investigated by the court below, the defendant suffered from the left-hand side of the victim in the course of suppressing the victim's resistance. The victim was issued with a medical certificate of injury that the victim requires two-time medical treatment from the O-type foreign company due to the border, the scopical scopical scopical scopical scopical scopical scopical scopic scopic scopic scopic scopic scopics, both sides, the inner scopic scopic scopic scopic scopic scopic scopics, etc.,

In full view of the above facts and the statements, damage photographs, etc. of the victim, it is recognized that the above circumstances caused by the crime of this case led to the change of the victim's physical health condition and the impairment of the victim's life function.

Therefore, it is extremely minor that the victim's standing is so minor that it is not necessary to treat, and even if it is not treated, it is necessary to lead a daily life.