The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In this part of the judgment of the victim of mistake of facts or misapprehension of legal principles, the main part of the judgment against the victim is to mislead the victim of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury resulting from rape, etc.) or not guilty on the ground that the victim's upper part does not constitute injury to the crime of rape because the victim's upper part of the judgment did not constitute injury to the crime of rape because the victim's upper part of the judgment did not constitute injury to rape, etc., because the victim's upper part of the judgment did not constitute injury to rape. The part of the judgment against the victim was erroneous in the misapprehension of legal principles as to the injury to rape.

B. The sentence imposed on the Defendant by the first instance court of unfair sentencing (five years of imprisonment with prison labor for three years) is too uneasible and unfair.

2. Determination:

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, injury in the crime of bodily injury resulting from rape refers to the alteration of a victim’s physical condition to a bad condition, and the occurrence of a disturbance in his/her living function. If the injured party’s wife is extremely minor and the injured party’s body does not need treatment, and the injured party’s body’s daily life is extremely minor without treatment, and if the injured party’s treatment can be naturally cured due to the passage of the day, it cannot be deemed that the injured party’s physical condition was changed, or that his/her living function was hindered (see, e.g., Supreme Court Decision 2004Do483, Mar. 11, 2004). 2) The evidence duly adopted by the first instance court and duly examined, the following facts are acknowledged.

A. In the case of “this part of the report,” the victim confirmed the part of the victim’s body at the investigative agency on the date of the crime, and taken photographs at the investigative agency, but the victim was the defendant in the first investigation process in the investigative agency.