The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

Seized smartphone G4, LG.

1. The court below rendered a judgment dismissing the Defendant’s request for a prosecutor with respect to the case prosecuted and the case claiming the attachment order, and only the Defendant appealed.

Therefore, the part of the request for attachment order is excluded from the scope of the trial of this court, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal.

2. Summary of grounds for appeal;

A. In light of the legal doctrine, the phrase “the part concerning the part concerning the part concerning the part concerning the part concerning the mouth of boom” suffered by the victim is similar to the marbial fever, and as such, it does not constitute the injury of the crime of quasi-rape inasmuch as it may occur in general sexual relations.

B. The sentence of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.

3. Determination

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, injury in the crime of rape refers to a change of the victim’s health condition to a poor condition, and the occurrence of obstacles to physiological function or life function, not to be objectively and uniformly determined, but to be determined on the basis of specific physical and mental conditions, such as the victim’s age, gender, and physical strength.

(see, e.g., Supreme Court Decision 2015Do3939, Jul. 11, 2017). This legal doctrine likewise applies to the injury of quasi-rape.

According to the evidence duly adopted and examined by the court below, the victim was panty at the time when she got quasi-rape, was faced with panty when she got out of her panty, was faced with her panty, and the panty continued to have her fright after her returning home and showing shower, and the victim's her fright is not normal (Evidence Nos. 2, 90, 91, 93) and the victim's her ties continued to have her ties for more than three days (Evidence Nos. 2, 90, 93).