In the case of the crime of injury resulting from rape, the meaning and criteria for determination of “injury” / Exemptions, etc. / In a case where a temporary state of the body or consciousness of a victim is caused by medication of drugs, whether such a case constitutes “injury” (affirmative with qualification), and the method of determining whether the victim was injured

Articles 297 and 301 of the Criminal Act

Supreme Court Decision 2003Do4606 Decided September 26, 2003 (Gong2003Ha, 2141) Supreme Court Decision 201Do7928 Decided December 8, 2011, Supreme Court Decision 2017Do3196 Decided June 29, 201 (Gong2017Ha, 1600)

Defendant

Defendant

Law Firm Enhancement, Attorneys Fishing Incarceration et al.

Daejeon High Court (Cheongju) Decision 2014No198 decided February 12, 2015

The appeal is dismissed.

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, as it refers to a case where the victim’s health condition is changed in bad condition, and a disability is caused in physiological function or living function. This is not objective and uniformly determined but also based on specific physical and mental conditions, such as the victim’s age, gender, and physical strength (see, e.g., Supreme Court Decisions 2003Do4606, Sept. 26, 2003; 201Do7928, Dec. 8, 2011).

In a case where a medication of a drug causes a temporary state of the body or consciousness of a victim, such as water exemption, and a drug causes a change of the victim’s health condition or the function of life, such change constitutes injury if the victim’s physical or mental change, which is caused by such drug. The same shall apply to the absence of a person exposed externally. Whether the victim was injured shall be determined by comprehensively taking into account the details or degree of the change in the body or mental condition, such as the victim’s age, gender, physical strength, and other specific conditions, such as the victim’s physical and mental condition, and the kind, capacity, effect, etc. of the drug, based on various factors that may affect the administration of the drug.

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

A. The Zpidem and Trizolm are the drugs that lead the deep water surface by suppressing the heavy climatic system, and are designated as psychotropic drugs that may cause harm to the human body if misused or abused them as they may cause side effects such as climatic aggravation, depression aggravation, and loss of memory.

B. The victim (the age of 26) received coffees from the Defendant, which tried to engage in sexual traffic through the Internet hosting site, from the Defendant, by mixing stroke-m with strokems, and lost the spirit and has defrised in depth after about 3 hours.

C. The Defendant attempted to rape the victim after having been unable to resist, but did not have the Defendant’s sexual organ, thereby having attempted to commit an attempted rape.

D. The victim was unable to memory whether the Defendant and the potential motor vehicles did not act before her locking with the exception of the fact that she had a shower following the coffee. The victim’s cell phone details confirm that her mother and approximately 30 seconds called with her mother, and the victim did not memory the fact or content of the call.

E. Following the recovery of consciousness, the victim did not receive treatment while there was no particular hindrance to daily life.

According to the above facts, the victim seems to temporarily impede the physical function of memorying information or experience through medication at the time. Examining the victim’s condition by comprehensively taking account of the degree of deterioration of consciousness or surface time, etc., it constitutes injury in the crime of rape injury on the ground that the victim’s health condition was changed to a bad condition, and that there was a result that the victim’s life function was hindered due to medication. This constitutes injury in the crime of rape injury, since the victim’s awareness was recovered and the victim did not undergo medical treatment.

The lower court’s judgment that convicted the Defendant of the injury resulting from rape among the facts charged of the instant case is justifiable in light of the aforementioned legal doctrine. In so determining, the lower court did not err by misapprehending the legal doctrine on injury resulting from rape

3. The Defendant’s appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young (Presiding Justice)