The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the injured party's wife suffering from misunderstanding of the facts does not interfere with daily life and can be naturally cured, it does not constitute the crime of causing rape. However, the court below committed a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). Thus, the court below erred by misunderstanding of the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In a case where there is extremely minor injury resulting from rape in relation to the assertion of fact that there is no need for treatment, and thus there is no obstacle in natural therapy and daily life, the crime of injury resulting from rape shall not be the injury. However, such argument is premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that such injury is the same as an injury that may normally occur in his or her sexual act according to an agreement, and thus, if such an injury is caused by such assault or threat, it shall be deemed that the injury would be caused. Whether the victim's health condition is changed to one of the victim's health and life function should not be determined objectively and uniformly, but shall be determined based on the victim's age, gender, body, and mental and physical condition (see Supreme Court Decisions 2003Do4606, Sept. 26, 2003; 2005Do139, May 26, 2005).