2012Do585 Injury resulting from rape (the name of the crime altered: Quasi-rape injury)

A person shall be appointed.

Prosecutor

Law Firm (LLC) B

Seoul High Court Decision 2011No3662 Decided May 3, 2012

April 11, 2013

The judgment below is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. The crime of injury resulting from quasi-rape is not the crime of injury resulting from the act of quasi-rape, in a case where there is extremely minor need for treatment and there is no difficulty in natural therapy and daily life. However, such grounds are premised on the same degree as the injury that may arise in daily life or is ordinarily likely to occur in the act of quasi-rape in accordance with an agreement. Thus, if the injury exceeding such degree is caused by the act of quasi-rape, it shall be deemed that the injury is sustained. Whether the victim’s health condition is changed as bad and the act of life is caused by the act of quasi-rape is not objective and uniformly determined, but rather, it shall be determined based on specific physical and mental conditions such as the victim’s age, gender, physical strength, etc. (see Supreme Court Decision 2003Do4606, Sept. 26, 2003).

2. According to evidence duly adopted: (1) around 30 on April 27, 2006: (30, the Defendant called the victim to play in the C office with a little number of telephone calls; and (3) after drinking alcohol to the victim, the victim went to the above office; (2) around 30:0 on April 28, 2006, the Defendant 4: (30, 2006, 30, 4:00, 6:00,000, 3:00,000,000, 3:00,000,000, and 4:00,000,000, and 3:00,000,000,000,000, and 3:00,000,000,000,000,000,000,000,00,000,00,00,000.

Examining these circumstances in light of the aforementioned legal principles, even though there was no secondary salt proof regarding the body suffered by the victim E, if there was no opinion on the second degree of harm to the daily life of the victim, it is reasonable to view that the victim’s wife was in a daily life or in a sexual intercourse pursuant to an agreement, so it cannot be deemed that the victim’s wife was merely an extremely minor body capable of natural therapy within a short period of time without impeding daily life, since the victim’s wife was diagnosed with a hysium at the time of treatment of the victim immediately after the crime of this case, and the victim was treated by taking advantage of his/her hysium, and the victim was actually treated by taking advantage of his/her hysium and taking advantage of his/her hysium.

3. Nevertheless, the lower court determined otherwise, on the ground that the above wife suffered from the victim does not constitute the injury in the crime of quasi-rape, and determined that there is no evidence of the crime of quasi-rape among the facts charged in the instant case. Furthermore, as to the crime of quasi-rape, which is the crime of quasi-rape, included in the facts charged in the instant case, the lower court dismissed the prosecution of the instant case by deeming that the prosecution procedure constituted a crime of quasi-rape, which is in violation of the provisions of Acts and subordinate statutes, and thus becomes null and void. Accordingly, the lower court erred by misapprehending

4. Therefore, without further proceeding to decide on the remainder of the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Yong-deok

Justices Kim Gin-young