Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

The judgment below

“Disposition” is heavy.

1. Summary of grounds for appeal;

A. Regarding the crime of rape by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”), the wife suffered by the victim is naturally able to recover naturally, and does not constitute an injury to the crime of bodily injury resulting from rape. However, the lower court erred by excessive error. 2) Taking into account the various circumstances against the Defendant of unfair sentencing, the lower court’s sentence (six years of imprisonment) is excessively unreasonable.

B. When taking into account various circumstances against the Defendant by the prosecutor (unfair form of punishment), the sentence of the lower court is deemed to be too unfilled and unfair.

2. Determination on the grounds for appeal

A. Part 1 of the defendant's case is a case where the injury resulting from rape in the judgment of misunderstanding legal principles is extremely minor and it does not require treatment so that it does not constitute the injury of the injury resulting from rape in a case where natural healing and daily life is not impeded. However, such grounds are premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that it is the same as the injury that may normally occur during his/her daily life even during his/her sexual intercourse in accordance with an agreement. Thus, if the injury exceeding such degree is caused by such violence or intimidation, the injury shall be deemed to constitute injury. Whether the victim's health condition is modified as bad and has caused an impediment to his/her living function, not by objective and uniform determination, but by the victim's age, gender, physical and mental detailed condition, such as physical and mental condition (see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005).