The prosecutor's appeal is dismissed.

1. The court below did not recognize the victim's injury due to indecent act by compulsion in the judgment of the defendant, although it was sufficiently recognized that the victim was injured by indecent act by compulsion in the judgment of the defendant.

2. Determination

A. In the crime of injury resulting from rape or injury means that the physical condition of the victim is changed to a bad condition of the victim’s body and that the victim’s life function is hindered. If the victim’s wife is extremely minor and the victim’s wife does not receive treatment, no difficulty exists in daily life, and the victim’s physical health condition was changed to a degree that natural treatment can be naturally cured following the lapse of the day.

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, Mar. 11, 2004). Whether a victim’s health condition has been changed to a bad condition and has caused a disability to his/her function of life should not be determined objectively and uniformly, but be determined based on specific physical and mental conditions, such as the victim’s age, gender, and physical strength, rather than on an objective and uniform basis.

(See Supreme Court Decision 2003Do4606 delivered on September 26, 2003). This legal principle also applies to determining whether a crime of bodily injury caused by indecent act constitutes injury.

However, in the case of injury resulting from the crime of indecent act by compulsion, which is a basic crime, the crime of bodily injury by indecent act by indecent act, the crime of bodily injury by indecent act is a result of aggravated punishment, which is the same as the crime of bodily injury by rape in the state of basic crime, and thus, it is necessary to judge more carefully so as not to violate the principle of proportionality

b.

In light of the above legal principles, the health room and records of this case first, the victim made the statement of the victim at the police.