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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the victim of the misunderstanding of the legal principles caused by the crime of the instant case to “influoral finites,” which requires approximately two weeks’ treatment due to the crime of the instant case, but this is extremely minor and thus, it does not need to be treated, and there is no designation for daily life even without being treated. Thus, the crime of rape injury does not constitute the crime of rape injury, since it is naturally cured upon the lapse of a day.
However, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
B. Even if the facts charged in the instant case are found guilty, the lower court’s punishment (five years of imprisonment) is too unreasonable.
2. Determination
A. 1) As to the assertion of misunderstanding of facts or misapprehension of legal principles, the injury resulting from rape is extremely minor and need to be treated as it is so that it does not constitute the injury resulting from rape in a case where natural healing and no hindrance exists in daily life.
However, such argument is based on the premise that there is no assault or threat that may suppress the victim's resistance in daily life or that it is the same as that that may normally occur in sexual intercourse in accordance with an agreement. Thus, if the victim's health condition is changed to a bad condition and the victim's life function is caused by such assault or intimidation, it shall be deemed that the victim's injury constitutes an injury. Whether the victim's health condition is changed to a bad condition and the victim's life function is caused shall not be determined objectively and uniformly, but shall be determined based on the victim's age, sex, body, and mental specific condition (see Supreme Court Decision 2003Do4606, Sept. 26, 2003). 2) Specific decision-making by the court below is duly adopted and investigated by the evidence.