The defendant's appeal is dismissed.

1. The summary of the grounds of appeal is that the wife suffered by the victim due to the instant case is merely a naturally cured wife to the extent that it does not interfere with daily life and does not reach the degree of injury in the crime of causing rape, and the Defendant’s act is not an attempted rape but is in violation of the law that recognized the Defendant as the crime of causing rape.

2. Determination as to whether the injury of the victim of this case constitutes injury to the victim of this case caused by rape

A. The reason why it can be said that the injury resulting from rape in the relevant legal principles is extremely minor and that there is no need for treatment, and thus, it does not constitute the injury of the injury resulting from rape in the event that there is no obstacle to natural recovery and daily life. However, such reason is premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that the injury is the same as the injury that may normally occur in the course of a daily life or in the course of sexual intercourse in accordance with an agreement. Thus, if such an injury is caused by such assault or intimidation, the injury shall be deemed to fall under the injury, and whether the victim's health condition is changed to a bad condition and has a disability in his/her living function shall not be determined objectively and uniformly, but shall be determined based on the victim's age, gender, body, physical and mental condition, such as physical

(See Supreme Court Decision 2003Do4606 Decided September 26, 2003 and Supreme Court Decision 2005Do1039 Decided May 26, 2005, etc.) B.

The Defendant’s assertion 1 of the Defendant at the lower court applied for a fact-finding inquiry with respect to G Hospital physician H, which conducted a medical examination of the victim following the occurrence date of the instant case. According to this, the upper part of the family hospital doctor H where the victim of the instant case was “H” was suffering from natural therapy, and there was no medical treatment room at the time, and only issued a medical examination, and thereafter, the medical examination was conducted.