The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles do not constitute an injury to rape in the crime of injury resulting from rape because of extremely minor circumstances. 2) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts, injury in the crime of rape means injury to the completeness of the victim’s body or interference with physiological functions.

The crime of injury resulting from rape is not applicable to the injury of rape in a case where it is extremely minor because treatment is unnecessary to treat the victim as a consequence of the crime of this case and there is no hindrance to his daily life. However, this is premised on the fact that there is no assault or threat to suppress the victim's resistance, or that it is the same to the injury that may normally occur in his sexual intercourse in accordance with the agreement. Thus, if an injury exceeding such degree is caused by such violence or intimidation, it constitutes injury (see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005). According to the evidence duly adopted and examined by the court below, the victim visited the hospital on the day of the crime of this case and received medical treatment. The above hospital's doctor visited the victim on the day of the crime of this case, and took part in the investigation into the victim's left part of the evidence of this case, which is necessary to observe and treat the victim's 2 weeks after the crime of this case. The victim suffered medical treatment from the victim's left part of this case.