The prosecutor's appeal is dismissed.

1. In the case of injury resulting from rape in the summary of the grounds for appeal, it shall not be objectively and uniformly determined, but shall be determined based on the body and mental specific conditions of the victim, such as the victim's age, gender, and physical strength. In light of the victim's statement and medical certificate, the judgment of the court below which did not recognize that the victim suffered injury due to the defendant's crime was erroneous in determination of facts.

2. Determination

A. On May 9, 2009, the summary of the facts charged: (a) the Defendant visited the victim in order to raise the issue of compensation for the husband’s damage that the victim D (the victim 43 years old, hereinafter “the victim”) died at the Defendant’s residence in Goyang-gu Clla 202, Goyang-gu, Goyangyang-gu; (b) caused the victim to lose his mind by drinking drugs; and (c) was able to rape the victim; and (d) was fluenced with the lele and fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluenc.

B. The lower court’s judgment 1) In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is insufficient to recognize that the victim’s symptoms (e.g., acutely reconfection, etc.) recorded in the facts charged constituted injury to the crime of rape. Therefore, there is no proof of the crime.) This part of the crime is insufficient to acknowledge that the victim’s symptoms (e.g., acutely reconfection, etc.) stated in the facts charged constituted injury to the crime of rape. The victim’s symptoms that the victim was unable to have a negative part of May 12, 2009, 209, the victim was home to the E Hospital located in the government city, and was subject to treatment and medication, and the diagnosis of the victim in the preparation of the doctor F’s report on the diagnosis for the victim was conducted at a level of 0.3 to 4 meters from the back to the back to the back to the back to the end of the constant observation.