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(영문) 대법원 2017.07.11 2015도3939

강간치상등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. In the crime of injury resulting from rape, injury includes not only physical function but also physical function which means that the state of the victim's health is inferior and that the victim's physiological function or life function is hindered.

This should not be objectively and uniformly determined, but rather be determined on the basis of specific conditions in the physical and mental condition, such as the victim’s age, gender, and physical strength (see, e.g., Supreme Court Decisions 2003Do4606, Sept. 26, 2003; 201Do7928, Dec. 8, 201). In a case where a drug medication temporarily causes the victim to temporarily face the state of the body or consciousness of the victim, such as water immunity, it constitutes injury if the victim’s health condition is changed to a bad condition and the victim’s life function is hindered.

The same shall apply where the victim has not naturally recovered the consciousness of the victim, has not been bequeathed or has been externally disclosed.

In this case, whether a victim was injured shall be determined by comprehensively considering the contents and degree of changes in the physical and mental condition, such as the victim's age, gender, physical strength, etc., and the kinds, capacity, effect, etc. of drugs, based on various factors that may affect the influence of drugs.

2. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

A. The Zlides (Zlidesm) and Triria strilm (Trizezlm) are drugs that suppress the heavy trizem and induce deep waters to cause side effects such as climatic, emulation aggravation, loss of memory, etc., and are designated as a local mental medicine that may cause harm to the human body if misused or abused it.

B. The victim (the age of 26) is a stroke from the defendant who had attempted to engage in sexual traffic through the Internet hosting site.