In the establishment of the crime of rape on the agenda of a minor, whether the crime was not established with the consent of the summary of the exercise of deceptive schemes, force, assault or threat, etc. or with the consent of the victim.

The crime of constructive rape or indecent act against a female under thirteen years of age as stipulated in Article 305 of the Criminal Code is established even if it is not necessary to do so by deceptive means, by force, or by means of assault or threat, or by the consent of the victim in its establishment.

Article 305 of the Criminal Act

Supreme Court Decision 75Do855 Decided May 13, 1975

Defendant

Defendant

Attorney Lee Byung-il

Daegu High Court Decision 82No715 delivered on July 27, 1982

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

The grounds of appeal by the defendant and the public defender are also examined.

The issue is that there is an error of recognizing facts and applying the law without any evidence that the defendant's sexual intercourse victim was committed by deceptive means, threat, assault or threat even though he was a minor, even though he was a minor.

However, according to the reasoning of the judgment of the court of first instance maintained by the court below, the court of first instance has lawfully confirmed that the victim is a female under the age of 13 and applied Article 305 of the Criminal Act at the time of the crime in the judgment of the defendant. Thus, the crime of rape and indecent act by a female under the age of 13 as stipulated in Article 305 of the Criminal Act does not need to be done by deceptive means, by force, assault or threat, and even with the consent of the victim, the above judgment of first instance is just and discussed.

Therefore, the appeal shall be dismissed and the twenty days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee Sung-soo (Presiding Justice)