The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

1. Summary of grounds for appeal;

A. Part 1 of the instant case: (a) misunderstanding the facts or misunderstanding of legal principles as to the Defendant and the requester for an attachment order (hereinafter “Defendant”); (b) Inasmuch as the instant crime committed by the Defendant and the requester for an attachment order (hereinafter “Defendant”), the degree of the injured party’s wife was extremely minor and naturally cured and does not interfere with daily life, it cannot be deemed that the crime of injury caused by an indecent act by force constitutes injury.

② In addition, the injury suffered by the victim is not caused by the Defendant’s indecent act itself against the victim or the act accompanying it, but from the act committed for the purpose of escape after the commission of an indecent act. Therefore, it is not recognized that the relation between forced indecent act and the injury is not recognized, the judgment of the court below is erroneous.

B) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, etc.) is too unreasonable.

2) In the case of the instant crime committed by a public prosecutor, it was not possible to be tried with the crime of bodily injury resulting from rape in which the judgment of the court below became final and conclusive, and thus, even though the legal mitigation pursuant to the latter part of Article 39(1) of the Criminal Act is not allowed, the judgment below erred by misapprehending the legal mitigation pursuant to the latter part of Article 39(1) of the Criminal Act, as stated in the judgment of the court below, and by excessively

2. Determination

A. Part 1 of the case against the Defendant’s assertion of misapprehension of the legal doctrine is that the injury resulting from the act of rape is extremely minor and that there is no need for treatment, so it does not constitute the injury of the injury resulting from rape in the event that there is no obstacle in naturally healing and daily life. However, even if there is no assault or threat likely to suppress the victim’s resistance, it may occur during daily life or in sexual intercourse according to an agreement.