The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (not guilty part of the grounds for appeal, mistake of facts), the statement of the police of the victim and the statement of the medical certificate of injury (Evidence No. 70 pages), etc., the defendant may be found to have inflicted bodily injury on the victim in the course of putting the victim out of the clothes of the victim who is unable

Nevertheless, the judgment of the court below that found only quasi-Rape and acquitted the injury resulting from quasi-Rape in the reasoning of the judgment, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. As to the prosecutor’s assertion of misunderstanding of facts, the lower court found the victim’s wife not guilty of the charges of injury resulting from quasi-Rape on the ground that it cannot be readily concluded that the victim’s bodily condition was caused by an opportunity for quasi-rape or closely related acts in time and place, and that it cannot be deemed that the victim’s bodily condition was changed in light of its father’s condition and degree, and that it cannot be deemed that the victim’s life function was hindered, and thus, cannot be evaluated as an injury to quasi-Rape. 2) In so determining, the lower court acquitted the Defendant of the charges of injury resulting from quasi-Rape on the ground that the result of the death by rape, etc. was caused by the act of sexual intercourse itself or by the act of assault used as a means of rape, as well as by the act of rape.

(See Supreme Court Decision 2007Do10120, Feb. 29, 2008). In the crime of injury resulting from rape refers to the fact that the victim’s physical health condition is inferior and the victim’s life function is hindered. As such, the victim’s bodily condition is extremely minor and thus, it does not need to be treated, and even if the victim’s bodily condition is not treated, it can be naturally cured upon the lapse of the time.