The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant did not intend to rape the victim and did not inflict an injury in the process, the lower court erred by misunderstanding the fact and adversely affected the conclusion of the judgment, and even if not, the lower court’s punishment (three years of imprisonment and five years of suspended execution) is too unreasonable.

Judgment

The judgment of the court below on the assertion of misunderstanding the facts in light of the following facts or circumstances which can be recognized through each evidence investigated by the court of the original instance, the victim, G's investigative agency, and the court of original instance, which correspond to the facts charged, determined that the defendant suffered bodily injury by rape as stated in the judgment of the court below.

(1) The aggrieved person makes a statement from the investigative agency to the court of the court below with consistent and concrete description of the circumstances surrounding the Defendant’s drinking alcohol from the victim’s main point to the court of the court below, the process and situation in which the Defendant attempted to rape the victim, and the Defendant’s speech and behavior at the time.

② At the time of the instant case, G’s witnessed the scene from the investigative agency to the lower court’s court, also made a statement consistent with the victim’s statement.

③ According to the victim’s death diagnosis statement and photographs, etc. submitted by the victim to the police, it is difficult to easily understand in light of the victim’s assertion that the victim’s death is serious degree of injury to the victim’s knee, etc., and that the victim’s death is knee, etc., and that the victim’s death is knee, etc., from the date of acquisition of the victim’s right knee, etc.

④ The victim informed the police officer who was dispatched to the main place at that time only the facts of the assault between the Defendant and G, and did not speak of the Defendant’s sexual assault. There was a reason why the victim filed a complaint five days after the occurrence of the instant case.