The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

In light of the fact that the defendant was at the trial of the defendant (unfairly unfair) and agreed with the victim, the punishment sentenced by the court below against the defendant (two years and six months of imprisonment) is too unreasonable.

In light of the victim's statements, etc. at investigation agencies and the court below's court court court's decision that the part of the injury caused by rape in the indictment of this case is extremely minor and it cannot be deemed that there is no difficulty in daily life even if treatment is not provided. In addition, despite the injury caused by rape in this case, the court below acquitted the victim of the injury caused by rape in the indictment of this case, and found the defendant guilty only of the injury caused by rape in the indictment of this case. In addition, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

In light of the mental suffering of the victim from the crime of rape in this case, the sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

As to the prosecutor’s assertion of mistake of facts, the lower court determined that the injury caused by rape among the facts charged in the instant case constituted a case where there is no proof of crime.

(However, as long as the court found the defendant guilty of the crime of rape in relation to this crime, the court below did not render a separate verdict of innocence). In other words, the following circumstances acknowledged by the reflection and the record on the part of the face of the face of the face-to-face, i.e., the victim stated that the defendant was a long time during the police investigation (No. 21 of the evidence record), and the court of the court below stated that the victim followed the crime for five (5) days after the crime. However, the victim did not use medical treatment or medicine for the above examination, and the doctor of the Daegu Medical Center, who first diagnosed the victim on the day of the crime of this case, shall also put the victim into the medical record of the victim of sexual assault.