[강간치상][공1983.9.1.(711),1219]
The sex of the crime of injury resulting from rape, such as a reflection on the part of a part of 0.1cm or less, and the injury resulting from rape.
In a case where the Defendants rapeed the victim and her 10-day response to the victim’s 10-day response, even if the degree of injury is different from the degree of 0.1cm, this also constitutes the concept of injury under the Criminal Act, and thus, does not affect the establishment of the crime of injury resulting from rape.
Article 301 of the Criminal Act
Defendant 1 and one other
Defendants
Attorney Conciliation System (for the accused)
Seoul High Court Decision 82No3609 delivered on March 31, 1983
All appeals are dismissed.
The number of days under detention after an appeal shall be included in each original sentence for forty days.
The Defendants’ defense counsel and the Defendant’s ground of appeal on the part of the Defendant are also examined.
According to the evidence cited by the court below, it is legally acknowledged that the defendants raped the victim as stated in its judgment and caused the above victim's 10-day interview and injury to the victim, and the degree of injury is merely a diagnosis with the degree of 0.1 centimeters, and it cannot be concluded that the crime does not constitute the concept of injury under the Criminal Act.
Therefore, the court below's decision that recognized the crime causing rape and that there is an error of law by misunderstanding the legal principles as to the violation of the rules of evidence and the injury resulting from rape. Accordingly, the appeal shall be dismissed and 40 days of detention days after the appeal shall be included in each principal sentence. It is so decided as per Disposition by the assent of all participating
Justices Lee Lee Sung-soo (Presiding Justice)