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 became final and conclusive.

1. Summary of the grounds for appeal;

A. Although the Defendant asserts that misunderstanding of facts and misapprehension of legal principles are grounds for appeal, it cannot be a legitimate ground for appeal as a subsequent argument that was filed after the deadline for submitting the grounds for appeal, and even after ex officio examination, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

Although the victim’s injury cannot be deemed as an injury in the crime of bodily injury by compulsion due to minor degree, the judgment of the court below convicts the charged facts of this case by misapprehending the legal principles, or by misapprehending the legal principles, thereby affecting the conclusion of the

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, 80 hours of completing sexual assault treatment programs, and 5 years of disclosure and notification, respectively) is too unreasonable.

2. Determination

A. The ground for appeal on mistake of facts and misapprehension of legal principles is that the injury resulting from rape is extremely minor and thus, it does not constitute the injury of the crime of injury resulting from rape in the event that there is no need for treatment naturally and there is no hindrance 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 it is the same as the injury normally likely to occur in sexual intercourse in accordance with an agreement. Thus, if the injury exceeding such degree is caused by such assault or intimidation, the injury shall be deemed to constitute injury, and whether the victim's health condition is modified as bad and has a disability in his/her living function shall not be objectively and uniformly determined, but shall be determined on the basis of the victim's age, gender, physical and mental condition, such as physical and mental condition, such as physical disability, etc.

(See Supreme Court Decision 2005Do1039 delivered on May 26, 2005, see Supreme Court Decision 2005Do1039 delivered on May 26, 200).