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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The seized warrant No. 1 (No. 1).
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The victim’s wife does not interfere with daily life even if it does not receive treatment, and can be naturally cured after the lapse of the time, and thus cannot be viewed as a crime of injury to rape. 2) In light of the fact that at the time of the crime of this case, the Defendant’s injury to the victim was merely the victim’s face not to be viewed as the victim’s face, and that the Defendant committed rape only after the act of injury, thereby causing rape, it is reasonable to punish the crime of this case as a concurrent crime of the crime of rape, since the Defendant did not inflict any injury on the opportunity for rape, nor intentionally inflict any injury on the part of the victim from the beginning.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. 1) Determination of misunderstanding of facts or misunderstanding of legal principles is extremely minor and thus, in a case where there is no need to treat the injury resulting from the commission of rape in the relevant legal principles and there is no hindrance to natural therapy and daily life, it shall not be the injury of the injury resulting from rape. However, such grounds are premised on the same degree as the injury that may occur in daily life even though there is no assault or intimidation that may suppress the victim's resistance or that is ordinarily likely to occur in sexual intercourse in accordance with an agreement. Thus, if the injury exceeding such a degree is caused by such violence or intimidation, it shall be deemed that the injury would be caused. Whether the victim's health condition is modified as bad and has a disability in his/her living function, not objectively and uniformly, shall be determined based on the victim's age, gender, physical and mental condition, such as physical and mental condition, rather than on the basis of objective and uniform determination.
(Supreme Court Decision 2005Do1039 Decided May 26, 2005). 2. Determination is based on the above legal principles.