It is not erroneous that the charge of rape death is not an attempted rape without a revision to the indictment.

The charge of rape resulting from rape is a combination of crimes resulting from rape, even though it was recognized as a attempted rape without a revision to the indictment. As such, the charge of death resulting from rape includes the charges of attempted rape, rape, or attempted rape. Therefore, the court may recognize the death of rape, death of rape, or attempted rape without a revision to the indictment.

Article 298 of the Criminal Procedure Act, Article 301 of the Criminal Act

Defendant

Attorney Shin Shin-chul

Seoul High Court Decision 68No268 delivered on October 29, 1968

The appeal is dismissed.

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

According to the original judgment and records on December 30, 1967, the court below found the Defendant guilty of rape in the crime of death or injury resulting from rape, including the death or injury resulting from rape in part of the charges of rape, on the ground that: (a) the Defendant, at around 21:10, failed to comply with the request of sexual intercourse; (b) passed a resolution on rape; (c) she was frightening a female on the ground that he was forced to do so; and (d) she was unable to resist by assaulting the female with his left arms and forced kis; and (d) the Defendant did not prosecute the death or injury resulting from rape in the death or injury of rape, and (e) did not charge of rape in part of the charges of rape, and (e) did not charge the death or injury resulting from rape in the death or injury of the female, and (e) did not charge the death or injury resulting from rape in the death or injury of the female, and (e) the court below found the Defendant guilty of the death or injury resulting from rape with no intention to commit rape.

Therefore, all arguments are groundless.

Sub-paragraph 2 of the same Article;

The theory of theory agreement is merely a document stating the agreement that the complainant withdraws the complaint on the part of the defendant between the complainant Kim Yong-ran and the defendant, and it cannot be said that the complainant expressed his/her intent to withdraw the complaint on the part of the defendant, and the above Kim Jong-chul stated that he/she wishes to punish the defendant on the contrary to the majority opinion set forth in the court of first instance on May 23, 1968, which made the above agreement. Thus, the court below is justified in holding that the withdrawal of the complaint cannot be effective on the ground that the above agreement has been made.

Therefore, this paper is without merit.

The latter part of the first place of the Dong is health class;

According to the judgment of the court below and the records, the court below held that the defendant, like the theory of the lawsuit, caused the victim's salutism, etc. at the time of the crime of this case, and even if this case does not constitute a crime subject to victim's complaint, it does not recognize that the court below aggravated the injury resulting from attempted rape as a result of the crime of rape. In addition, as long as the effect of the complaint by Kim Jong, the complainant, as seen in the former part, continues to have the effect of the reward, there

The decision is merely an additional approach to unnecessary matters.

Therefore, there is no reason to argue that the facts which were not prosecuted are judged.

Sub-paragraph 3 of the same Article;

The court below's argument that the sentencing is excessive shall not be employed since it is not a legitimate ground for appeal in the case of this case for which three years have passed since it was sentenced to imprisonment.

Therefore, the appeal is dismissed, and the 90 days of detention days after the appeal shall be added to the alteration of the detention days after the appeal. It is so decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim