The defendant's appeal is dismissed.

1. The court below found the defendant guilty of rape injury or intrusion upon residence among the facts charged in the instant case, and sentenced to dismissal of public prosecution regarding assault and intimidation. Since only the defendant appealed the guilty portion and dismissed the public prosecution without appeal by the defendant and the prosecutor, the scope of the court below's judgment is limited to the injury caused by rape and intrusion upon residence.

2. Summary of reasons for appeal;

A. 1) The Defendant, against the victim’s will, committed a sexual intercourse with the victim by using a certain part of the force against the victim’s sexual intercourse, was true, or the complete force used during the sexual intercourse is merely a string of the victim’s two legs, which was put on the part of the defendant’s shoulder, and that the victim attempted to see by causing the victim’s body, and there was no fact that the Defendant either expanded the part of the victim’s neck into the floor, cut off the part of the victim’s body, plucked against the victim, or plicked one arms.

2) The wife suffered by the victim does not constitute an injury to the injured party to the extent that it can be naturally cured.

3) Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine (the attorney’s written opinion or the gist of pleading submitted after the expiration of the period for submission of the appeal is to the extent of supplementing the grounds for appeal specified in the reasons for appeal, and it is not determined separately as to the defense counsel’s assertion that is not written in the reasons for appeal).

3. Determination

A. In the case of death or injury caused by rape, etc. by determination on the assertion of facts, etc., the consequences of thought may occur from the act of sexual intercourse itself or from the assault used as a means of rape, as well as from the act of rape.