The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

In light of the legal principles and the facts-finding of the defendant's rape crime of this case, the injury inflicted on the victim is not only the injury of the crime of rape, but also the injury is extremely minor and there is no need for treatment, and it cannot be deemed that there is no hindrance in daily life even without receiving treatment.

Nevertheless, the court below found the defendant guilty of the injury among the facts charged of this case. The court below erred by misapprehending the legal principles on the injury resulting from rape or by misapprehending the facts.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) of the lower court is too uneasible and unfair.

Judgment

On September 12, 2014, the Defendant: (a) around 07:30 on September 12, 2014, the summary of this part of the facts charged is as follows: (b) the Defendant : (c) in the 3rd room of the D main office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and the third floor, used the victim while drinking alcohol together with the victim E (the 33 years of age), and (d) the victim resisted at the police station; and (d) even though the victim reported theme to the police, the Defendant : (c) the victim : (d) the victim ; (d) the victim ; (d) the victim ; and (d) the victim ; (d) the victim ; and (d) the victim ; (d) the victim ; and (d) the victim ; and (d) the victim she was able to see the victim's left part of the charge by inserting the victim's me.

The judgment of the court below is that only a relatively insignificant type of illness, such as a hole, stalm, container, flick, etc., is entered in the injury diagnosis report, and ② the victim did not receive any additional treatment after receiving the injury diagnosis report from the hospital, and there was no additional treatment.