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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Bodily Injury resulting from Rape, etc.) among the criminal facts in the judgment of the court below, and the defendant is the victim E (hereinafter “victim”) to rape at the time
In addition, the court below erred by misapprehending the fact that there was a commencement of rape, even though the victim did not intrude into the restaurant room of the victim, but did not have intentionally commenced the commission of rape. 2) The victim's injury caused by rape and the victim's injury caused by the rape cannot be deemed to have been infringed upon the completeness of the body and the health condition of the victim or a disability in his/her living function, and it is difficult to view that the result of the injury was caused because the victim's injury caused by the rape cannot be deemed to have been caused by the extreme minor circumstance that could occur in his/her daily life. In addition, since the defendant did not have commenced the commission of rape, it cannot be viewed as a crime of injury resulting from rape.
B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio the judgment on the grounds for appeal ex officio.
1) The prosecutor changed the part of the previous facts charged to "the victim suffered injury, such as damage to the treatment date and other parts of the body part of the treatment date, damage to the victim in detail, etc., while maintaining the fact of the injury caused by rape as stated in paragraph (1) of the same Article (the fact of the injury caused by rape, etc. as the primary facts charged," and changed to "the victim suffered injury, such as injury to the part of the treatment date and other parts of the body part of the treatment in detail, in which the treatment period cannot be known to the victim, and the injury caused by rape as stated in paragraph (1) of the same Article." As to the injury by rape as stated in paragraph (1) of the same Article, the "injury caused by robbery" is