The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of four years from the date this judgment became final.

Summary of Grounds for Appeal

Since the act of sexual intercourse in this case, it is unclear whether the damage diagnosed by the victim was caused by the defendant's act.

In addition, the damage to the foods is very minor and naturally cured, and it does not constitute injury to the crime of quasi-rape because it does not interfere with daily life at all.

Nevertheless, the court below erred by misapprehending the legal principles, thereby finding the Defendant guilty of all the charges of quasi-rape.

The punishment sentenced by the court below on unreasonable sentencing (three years of imprisonment, etc.) is too unreasonable.

In the crime of death or injury caused by rape, etc., of which the determination of the misapprehension of the legal principle is made on the argument of the crime of this case, the result of ideas includes not only cases where the act of sexual intercourse occurred from itself, or where the act of rape was committed in connection with rape, but also cases where the act of rape was committed.

(see Supreme Court Decision 2007Do10120, Feb. 29, 2008). This is also the same in relation to the crime of causing quasi-rape.

According to the evidence duly adopted and examined by the lower court, there cannot be any circumstance to deem that the victim had already damaged the sound prior to the instant crime. However, on November 18, 2017, immediately after the instant crime, the fact that the victim was suffering from the victim’s sexual intercourse or sexual intercourse while suffering from the victim’s sexual intercourse while being damaged by the Defendant is sufficiently recognized.

Therefore, this part of the defendant's assertion is rejected.

The defendant who caused damage to the victim constitutes "injury" in the crime of injury resulting from quasi-rape shall also be punished in the original judgment.