beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the Defendant (misunderstanding of the legal doctrine and sentencing unfair)’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) against the Defendant, the lower court erred by misapprehending the legal doctrine on the concept of injury, which held that the Defendant’s wife was injured even though the Defendant’s wife suffered from the instant crime was extremely minor and naturally curable.
2) The lower court’s sentencing (the order to disclose or notify personal information between 8 and 10 years, and the order to complete a sexual assault treatment program for 80 hours) is excessively unreasonable.
B. The lower court’s sentencing (unfair sentencing) is unreasonable as it is too unhued.
2. Determination
A. The ground for appeal on the misapprehension of the legal principles on the defendant is that the injury resulting from rape is extremely minor and thus, it does not constitute the injury of the crime of bodily injury resulting from rape in the event that there is no need to treat the injury naturally and there is no obstacle in daily life. However, such ground is premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that the injury in excess of the degree is the same as the injury normally likely to occur in a sexual intercourse in accordance with an agreement, and if such an injury is caused by such violence or intimidation, it shall be deemed that the injury should be caused. Whether the victim's health condition is modified as bad and has a disability in his/her life should not be objectively and uniformly determined, but rather, it shall be determined based on the victim's age, sex, physical and mental specific condition (see, e.g., Supreme Court Decision 2005. May 26, 2005). Based on these legal principles, the defendant's head, i.e., the following circumstances in the court below's statement suffered by the victim: