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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. As there is extremely minor injury to victims of misunderstanding of facts or misunderstanding of legal principles, it is difficult to treat them as an injury resulting from rape in a case where there is no difficulty in natural therapy and daily life.
B. Under the influence of alcohol at the time of the instant crime, the Defendant was unable to properly discern things or make decisions.
C. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant
A. As the injury resulting from rape in light of the relevant legal principles is extremely minor and thus there is no need for treatment, and thus there is no obstacle in natural recovery and daily life, the injury of the crime of rape injury shall not be deemed to constitute the injury of the crime of rape injury. However, such grounds are premised on the premise that there is no assault or intimidation that may suppress the victim's resistance, or that it is the same degree of injury that may normally occur in the course of sexual intercourse, even though there is no assault or intimidation that may suppress the victim's resistance. Thus, if the injury exceeding such degree is caused by the assault or intimidation, the injury shall be deemed to constitute the injury, and whether the victim's health condition is modified as bad and that the victim's physical and mental condition is not objectively and uniformly determined, but shall be determined based on the victim's age, sex, physical and mental condition
B. (See Supreme Court Decision 2003Do4606 delivered on September 26, 2003).
In the case of victim G, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court, namely, ① the Defendant put the victim’s right hand hand over to the right hand, leading the victim to the front door, etc., and ② the victim.