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, the period of three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the wound and wife suffered by the victim due to the instant crime can naturally recover from the crime without being treated, and there is no impediment to daily life, and thus, the crime of injury resulting from rape does not constitute injury.

B. The sentence of the lower court (two years and six months of imprisonment, and forty hours of order to complete the course) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of facts and legal principles, the injury resulting from rape is extremely minor and thus need not be treated as a crime causing rape in a case where natural healing and daily life is not impeded. However, such argument 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 degree of injury that may normally occur during his/her daily life even during his/her sexual intercourse with a sexual intercourse with an agreement, and if such an injury is caused by such violence or intimidation, it shall be deemed that the injury should be caused. Whether the victim's health condition is modified as bad and has a physical and mental condition, such as the victim's age, gender, physical and mental condition, should not be determined objectively and uniformly (see Supreme Court Decision 2003Do4606, Sept. 26, 2003).

This part of the defendant's assertion is without merit.

(1) The defendant is going beyond the victim who fights against the will to rape.