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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant as to the injury caused by rape although the defendant could have forced sexual intercourse with the victim and inflicted bodily injury on the victim, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. Determination
A. On August 10, 2012, the summary of the facts charged: (a) the Defendant sent text messages to the victim on the ground that the victim E (man, 37 years of age) does not take delivery on August 10, 2012; and (b) on the ground that the victim was not the victim, the Defendant discovered that the victim was sent text messages to the victim with another male and female, while driving the victim on board at the head of the car group owned by the Defendant, who was carrying the victim and driving the message on the part of the victim, and operated the Hmomocom parking lot located in Busan East-gu F.
Around 23:55 on August 10, 2012, the Defendant: (a) stated the victim as “I wish to talk about a short string; (b)” and stated the victim who refused to do so; and (c) stated the victim’s sexual organ into the victim’s sexual organ on the ground that the victim was given and received text messages with another male and female on the part of the victim; (d) boomed the victim’s face on the part of the victim; (e) blicked the victim’s face; (e) blicked the victim’s face; and (e) flicked the victim’s sexual organ into the victim’s sexual organ.
As a result, the defendant raped the victim, and got the victim to be treated for about two weeks, and the victim was in the aftermath of the second part of the victim.
B. The lower court determined as follows: (a) the Defendant and the victim have repeated repeated hedgings with the Defendant and the victim several times during the first year of 1 year of 201, when the Defendant and the victim were to teach with the other ties; and (b) the continuation of the relationship between the Defendant and the victim and the victim after the hedging.