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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is erroneous in the misunderstanding of facts that the court below recognized the crime of bodily injury resulting from rape even though the defendant exceeded clothes to have sexual intercourse with the victim or did not assault or assault the victim.
2. Determination:
A. According to the evidence duly admitted and examined by the court below and the court below, the following facts can be acknowledged.
1) The victim made a statement at the investigative agency, the court below, and the court of trial as follows. A) The victim completed the work on May 24, 2012, 203:30 on the day of the instant case, and was mixed with the F university room located in E in order to go back to house after the end of the period of time. However, the defendant continued to go on the back, and the victim made a statement at around 07:00 on May 24, 2012, after being investigated at the police station at around 07:0, the victim did not talk about the drinking at the defendant and the main station, but immediately after being investigated at around 10:0 on the day of the instant investigation, the victim took the phone call at the Yongsan Police Station, which was investigated at around 10:0 on the same day, and she took the view that the defendant and the main station were able to voluntarily memory the drinking.
(No. 40 pages) Ordering a tag, she waled up to the walk, and she waled up to the walk above the walk to go from the walk to the walk to the walk.
B. The defendant, who was 100 meters away from the victim's body, was tightly pushed the victim's body to open the victim's body, laid the victim's chest up to the panty, cut off the panty, and tried to put the defendant's sexual organ into the part of the victim's panty, cut off the victim's panty, and pushed the victim's sexual organ into the part of the victim's panty. The victim saw the victim's crupt, "I scam," and pushed the defendant into the part of the victim, but the defendant prevented the victim from suffering or breathe victim's body, and the victim continued to set the victim's body and the defendant.