[강간치상][공1985.12.1.(765),1511]
The case holding that it cannot be punished due to rape injury because the result of injury cannot be predicted.
If the defendant and the victim were to have a sexual intercourse with the female room without any particular resistance or mash, and the defendant got out of the room and requested a female employee to rescue the female employee through the internal telephone, then the victim cannot be anticipated that the victim was injured by the escape from the third floor of the defendant's visit in order to escape beyond the window in order to escape out of the window in order to escape from a frighten of sound, under the general experience rule, under these circumstances, it cannot be said that the defendant was raped. Therefore, it cannot be said that the victim was raped.
Articles 15(2) and 301 of the Criminal Act
Defendant
Defendant
Attorney Go Won-won
Seoul High Court Decision 85No851 delivered on June 13, 1985
The judgment below is reversed, and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. According to the reasoning of the judgment below, the court below acknowledged that the defendant was raped on August 30, 1984 at the government office of 151 Dong-si, the defendant, and worked in the same military unit as the defendant unilaterally and became aware of at least 151, and forced the defendant to leave the entrance and exit door of the same 182, on the 31st day of the same month to leave the entrance and exit of the defendant to the same 182, and to leave the entrance and exit door of the same 151, and to leave the entrance and exit door of the same 150,000, and to leave the entrance and exit door of the same 1,000, the defendant tried to leave the 30,000,000, and to leave the entrance and exit the 1,000,000,000,000,000,000,000,000).
2. However, in a case where punishment could not have been predicted as a result of a severe crime, it cannot be punishable as a serious crime (Article 15(2) of the Criminal Act). In this case, the situation where the victim, at the time of the original board, escaped beyond the window of the inn of the inn of the inn of the 3rd floor and before the victim was injured, as decided by the court below, before the victim was injured, he was involved in sexual intercourse with the inn of the judgment with the same circumstance as the inn of the original judgment, and the defendant got out of the room for rescue after the victim was locked out of the room and the victim was asked through a internal telephone to rescue from the outside of the room (the fact that the inn of the inn Kim Jong-dong immediately before the above visit had been raped is apparent) and it cannot be viewed that there was an error in the law of evidence that the victim had been predicted or could not have been predicted at the time of rape of the defendant while admitting that the victim was raped with the inside of the court below at the time of this case.
3. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kang Jin-young (Presiding Justice)