The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Acknowledgement of facts or misunderstanding of legal principles on rape of a victim who was diving while under the influence of alcohol, the court below found the defendant guilty of the facts charged in this case by misunderstanding the legal principles on injury to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that the victim's sexual intercourse is ordinarily likely to occur in sexual intercourse in the case of a person with no sexual experience, and can be naturally cured even without receiving medical treatment, since there is no difficulty in doing daily life and can be naturally cured.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

C. The sentence of the lower court’s sentence on the Defendant of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, a female body constitutes a part of the physiological body of the female, and even if there is a difference as to the degree of difference, it constitutes an obstacle to the function of life. As long as the mascul is of such nature as that of the masul, it constitutes an injury resulting from rape (see Supreme Court Decision 94Do1351, Jul. 25, 1995). In light of such legal principles, the health unit, the court below, and the court below duly adopted and investigated the evidence as follows: (i) the police made a statement to the effect that “the victim was detained in the panty immediately after the instant crime, and was under the command that “the masculous,” the victim’s statement to the effect that “the mascul is hying, even if any,” the victim’s statement to the effect that “the mascul is harming the victim from the following crime.”