The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of the facts charged of this case, although the Defendant had no intention to rape, such as misunderstanding the facts, did not commence rape, and the Defendant’s wife suffered was able to naturally recover and do not constitute injury. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically in a state of unsound disorder, etc.

(c)

Sentencing improper sentencing of the court below is too unreasonable.

2. Determination

A. In a case where the defendant denies the criminal intent of a judgment as to a mistake of facts, etc., the facts constituting such subjective elements are bound to be proven by the method of proving indirect facts or circumstantial facts having substantial relevance with the criminal intent due to the nature of things. In this context, what constitutes indirect facts having considerable relevance should be reasonably determined by the method of reasonably determining the link of facts based on the close observation or analysis power based on the normal rule of experience (see Supreme Court Decisions 2002Do6103, Jan. 24, 2003; 2005Do8645, Feb. 23, 2006). Moreover, when the victim’s resistance is impossible to resist or when the victim starts to commit violence or intimidation to the extent that it would be significantly difficult to resist or make it difficult to resist the victim’s sexual intercourse, the commencement of the enforcement shall be established.

In fact, there is commencement of enforcement only when the victim's resistance is impossible or considerably difficult due to such violence or intimidation.

Nor can it be viewed (see Supreme Court Decision 2000Do1253, Jun. 9, 200). Meanwhile, in a case where the injury resulting from rape is extremely minor and there is no need for treatment as it is extremely minor and there is no obstacle to naturally healing and daily life, the injury of the crime of injury resulting from rape.