The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The expression of the victim’s assertion of misunderstanding of facts and misapprehension of legal principles does not constitute “injury” as referred to in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

Unlike this, the court below erred by misapprehending the legal principles and misconception of facts.

B. The lower court’s decision on the assertion of unfair sentencing (one-year imprisonment, etc.) is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. In the crime of injury resulting from rape in the relevant legal doctrine means that the physical health of the victim is changed to a bad condition, and that the victim causes an obstacle to the function of life.

In a case where the injury resulting from rape is extremely minor and thus there is no need for treatment, and there is no obstacle in natural therapy and daily life, the injury resulting from rape cannot be deemed as an injury to the victim of rape.

In addition, whether the victim's health condition is changed to a bad condition and the function of life is hindered should not be determined objectively and uniformly, but should be determined based on specific physical and mental conditions, such as the victim's age, gender, physical strength, etc.

(See Supreme Court Decision 2005Do1039 Decided May 26, 2005, and Supreme Court Decision 2017Do1286 Decided April 7, 2017). In the instant case, the issue is whether the victim’s wife who suffered during the period of adultery constitutes injury in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

As in the instant case, the above legal principle is related to the injured party’s wife during the sexual crime process, and thus, is to determine whether the injured party was injured.

B. Determination 11: (1) The Defendant committed the instant crime, which led to the victim’s resistance in the aftermath of the second half; (2) the victim had been in the emergency room of the F Hospital before committing the instant crime; and (3) 4 days after committing the instant crime.