The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. The crime of quasi-rape may not be deemed to be the crime of quasi-rape, in a case where the crime of quasi-rape is extremely minor and there is no difficulty in treating the person concerned as it is difficult to treat him/her naturally;

However, such argument is based on the premise that the degree of injury that may occur in daily life or that is ordinarily likely to occur in sexual intercourse according to an agreement is the same as the injury that may occur in the course of the sexual intercourse, so if the injury exceeding such degree is caused by the act of quasi-rape, it shall be deemed that it constitutes injury. Whether the victim's health condition is changed as bad and has caused an obstacle to the function of life should not be objectively and uniformly determined, but should be determined based on the specific physical and mental condition

The evidence duly adopted on September 26, 2003 (see, e.g., Supreme Court Decision 2003Do4606, Apr. 27, 2006). 2. 1. The defendant, on Apr. 27, 2006, contacted the victim with the victim by walking the phone at the J-office where the defendant was working, and called the victim to play in the J-office where the defendant was found to be in the above office. After drinking the victim, the victim was moving the victim to the above office. 2. At around 04:30, Apr. 28, 2006, the defendant was able to sleep with the victim's panty, who was absent from the victim's panty in a state of failing to resist. 2. 1. 2. 2. 2. 2. 1. 2. 3. 1. 2. 2. 2. 3. 4. 2006, the victim visited the victim's sexual organ from the victim's sexual organ.