The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, rape is involved.

1. Summary of grounds for appeal;

A. As to the injury resulting from rape among the facts charged in the instant case, it is difficult to view that the Defendant had no reason to rape by exercising violence against the victim, who had been in a relationship with the victim at the time of August 17, 2010 (i.e., memory as not doing so) and that the victim actually sustained the injury.

In addition, even though there was a strong sexual relationship between the victim and the defendant's act on the above date, the injury that the victim suffered was incurred in the course of pursuing the sexual relationship between the victim and the victim. Thus, the crime of injury resulting from rape is not established even if there is no substantive concurrent crimes between the crime of injury and the crime of rape.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby misunderstanding the facts or misapprehending the legal doctrine.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts and legal scenarios

A. To organize the facts pertaining to the facts charged of the injury resulting from rape in the instant case based on the testimony of the witness C at the lower court and the competent court and the contents of the medical certificate submitted by the prosecutor, as follows.

① Around May 2007, the Defendant and the victim have developed into an internal relationship with the Internet carpet group first and after several months, and continued the relationship until January 2012.

② On August 17, 2010, the Defendant and the victim of the new wall, together with the victim, she gets on and out the vehicle to the vicinity of the Seoul subway Construction Area, and she gets on the TMoel in advance, parked the vehicle in the Mour parking lot, and dice in an adjacent U cafeteria.

③ During the period of drinking alcohol, the Defendant was suspected of having sexual intercourse with the victim, and was found to go from Q, but the Defendant went to go before (the victim).