The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the injury inflicted on the victim at the time of the instant case was committed prior to or after the commission of the attempted rape by the Defendant, and is irrelevant to the Defendant’s attempt to rape. As such, the Defendant’s crime of this case is not the crime of rape, but the attempted rape and the crime of bodily injury, and thus ought to be determined as a substantive concurrent crime of the attempted rape and the crime of bodily injury (the Defendant asserted misunderstanding of the facts or misapprehension of the legal principles that the victim’s injury does not constitute an injury to rape due to minor injury, but the Defendant withdrawn the said assertion at the first trial of the first instance trial of the instant case).

(c)

The punishment of the court below (five years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant also argued to the same effect as the grounds for appeal in this part, and the lower court, on the ground that the Defendant’s detailed statement on this point at the six-eightth side of the judgment, is more reliable than the victim’s statement that conforms to the facts of the Defendant’s argument at the lower court’

In determining the above, according to the police statements, etc. of the victim, the defendant committed the crime of this case by assaulting the victim at the time of committing the crime of this case, and can be found without reasonable doubt that the defendant committed the bodily injury, such as cutting the victim's salkes, in the process of doing so.

Accordingly, the defendant's assertion was rejected.

Even if a simple attempted rape is committed, if the victim suffered bodily injury, the crime of rape is established. In the crime of rape, the result of the bodily injury is not only from the assault used as a means of rape, but also from the act of sexual intercourse itself, or from the act of rape.