The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. After the Defendant filed the statement of grounds of appeal claiming unfair sentencing, the Defendant’s defense counsel added a mistake of fact to the effect that “The instant wife suffered by the victim did not cause harm to daily life and does not require treatment for recovery therefrom, and does not constitute injury to the meaning of the crime of injury caused by indecent act by compulsion.”

The above assertion of mistake of facts by the defense counsel is not a legitimate ground for appeal, but is judged ex officio in order to guarantee the defendant's right of defense widely.

1) The reason why the injury resulting from rape is extremely minor and thus, if there is no need for treatment and there is no obstacle in natural therapy and daily life, it does not constitute the injury of the injury resulting from rape. However, such reason is premised on the fact that there is no assault or intimidation that may suppress the victim's resistance, or that the act of sexual intercourse is the same as the injury normally likely to occur in his/her sexual intercourse. Thus, if the injury exceeding such degree is caused by the assault or intimidation, it shall be deemed that the injury is the case. Whether the victim's health condition is changed to a bad condition and the function of life is caused by the victim's physical and mental condition, such as the victim's age, gender, body, etc., should not be determined objectively and uniformly (see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005).